The Problem of Combating Organized Crime in the Penal System of Republic of Kazakhstan and other Countries
Abstract
In this paper the author studies the problems of organized crime and its manifestations in correctional facilities of the penal system. Today, there are no concrete ways and methods to combat organized crime and its manifestations in the correctional system. Organized crime groups in correctional facilities are combated only by operational staff of those facilities. Meantime, the results of operational staff’s work are not efficient enough. As distinct from other criminal groups, organized crime groups in correctional facilities of the penal system have their features in the criminal world, specific skills in their own criminal groups, own notions of criminal organizations and culture, own laws and individual criminal skills of each group member. Crime growth in the correctional system fell on the peak of organized crime combating in the USSR in 1930’s when crime gangs, strengthening due to collectivization and famine, began getting into more organized groups. The basic uniting force in the criminal world was the trend to non-political antagonism and contumacy, while code-bound thieves in law became its elite, calling themselves the keepers of criminal tradition of the tsarist Russia.In the course of writing this paper the author made comparative analysis of scientific achievements in combating organized crime in the penal systems of the CIS and foreign countries. While working on this paper the author visited correctional facilities of a number of Kazakhstan regions, spoke with convicted persons following members of organized crime groups, found out the opinions of correctional facilities’ staff from various departments on that matter and analyzed them. As a result of the works carried out, the author came to the following conclusions: the problem of organized crime combating and liquidation of its manifestations in the penal system of Kazakhstan Republic still remains open. The problem of organized crime combating in Kazakhstan Republic’ penal system is similar to that in the penal systems of all former Soviet Union states. Their similarity is accounted for the established punishment system under the codes of thieves in law, organized crime groups inside the penal system. It may be surely stated that only as a result of concrete combating organized crime in correctional facilities of the penal system and full liquidation of any manifestation of codes of thieves in law, other problems of the penal system may be solved. For instance, matters of rehabilitation of convicted persons, decrease of relapse into crime, easement of the conditions of convicted persons’ social adaptation, equality of rights of convicted persons, etc. may be solved.
References
[1] Abisatov, M. 2006. Organized crime in Kazakhstan (modern situation, development trends, problem issues and ways for solution): Monograph. Almaty.
[2] Abroskin, S. 1999. Criminal regulations means for prevention and suppression of crimes committed by sentenced to deprivation. PhD thesis, Moscow.
[3] Criminal Code of Kazakhstan Republic. 2014. Almaty: Norma-K Publishers. Retrieved May 15, 2015, from http://adilet.zan.kz/rus/docs/K1400000226. ISBN 9965-785-26-0.
[4] Criminal Justice Handbook Series United Nations Publication Sales ‘Knowledge-based crime prevention’ No. E.10.IV.9. 2010. New York. ISBN 978-92-1-130300-1. Retrieved May 15, 2015, from http://www.unodc.org/documents/justice-and-prison-reform/crimeprevention/10-52410_Guidelines_eBook.pdf.
[5] Department of Justice the United States USDOJ:CRM:OCGS:Prison Gangs. (n.d.). Retrieved May 15, 2015, from http://www.justice.gov/criminal/ocgs/gangs/prison.html.
[6] DeVito, C. (n.d.). The encyclopedia of international organized crime. Retrieved May 15, 2015, from http://www.armchairpatriot.com/Encyclopedias/Encyclopedia%20of%20Organized%20Crime.pdf. ISBN 0-8160-4848-7.
[7] Documentary movie – Worst prisons of America. High security ‘Country of gangsters’. Retrieved May 15, 2015, from https://www.youtube.com/watch?v=g8H4fY8kAS8 .
[8] Draft Order of President of Kazakhstan Republic, Leader of the nation N.A. Nazarbayev ‘On concept of development of penal policy in Kazakhstan Republic in 2007-2015’. Retrieved May 15, 2015, from http://adilet.zan.kz/kaz/docs/P060000906_ .
[9] Dzhansarayeva, R. 2006. Problems of crime combating in correctional facilities (based on Kazakhstan Republic materials). Synopsis of a thesis, Moscow.
[10] Godunov, I. 2008. Organized crime from dusk till dawn: Workbook for higher schools. Moscow: Academic Project.
[11] Ivanova, E. 1998. Prevention of evasion from serving punishment in correctional facilities of minimum and high security (criminal law and criminological aspects). Synopsis of a thesis, Moscow.
[12] Kachurova, E. 2011. Victimological characteristic and prevention of crimes of violence committed in correctional facilities: Monograph. Irkutsk. ISBN 978-5-91344-286-4.
[13] Kazakhstan Respublikasy Kylmystyk – atkaru zhuyesinin 2014 zhyly shilde aiynan 2014 zhyldyn kazan aiy aralygynda Ontustik Kazakhstan zhane Kyzylorda oblycynda ornalaskan Tuzeu mekemelerinen alyngan impirikalyk materialdar.
[14] Kazaryan, A. (n.d.). Thief in law. Retrieved May 15, 2015, from https://www.youtube.com/watch?v=i8BTf_rDbOo.
[15] Khlystov, A. 2005. Combating manifestations of organized crime in correctional facilities (criminological and criminal regulations aspects). PhD thesis, Ryazan.
[16] Kostyuk, M. 2000. Criminal and criminological issues of crime combating in correctional facilities. Moscow: Academy of management, Ministry of internal affairs of Russia.
[17] Larin, S. 2014. Specifics of initial stage of investigation of crimes committed by leaders and members of organized crime groups in correctional facilities. PhD thesis, Moscow.
[18] Maksimovskiy, E. 1992. Empire of fear. Moscow: Zelenyi parus. ISBN: 5-85888-002-9.
[19] Materials of Al-Farabiysk district court of Shymkent city, South-Kazakhstan region. (n.d.). Retrieved May 15, 2015, from http://astanatv.kz/news/show/id/28354.html.
[20] Materials of Bostandyk district court of Almaty city, Kazakhstan Republic. (2014, January 30). Retrieved May 15, 2015, from http://www.zakon.kz/4599955-v-almaty-osuzhdeny-vory-v-zakone.html.
[21] Mazurin, A. 2003. Criminological characteristic and prevention of crime repetitions in correctional facilities. Synopsis of a thesis, Ryazan.
[22] Podmore, J. 2015, January 25. Prison systems need to acknowledge widespread corruption PRI at the Crime Congress. Retrieved May 15, 2015, from http://www.penalreform.org/blog/prison-systems-need-acknowledge-widespread-corruption/.
[23] Pototskiy, N. 1998. Legal, organizational and tactical basics of operational staff of correctional facilities in combating crime. PhD thesis, Moscow.
[24] Saginbekov, K. 2005. Penal repetition and its prevention (based on Kazakhstan Republic materials). Synopsis of a thesis, Moscow.
[25] Sumenkov, A. 2003. Repetition of crime and issues of execution of punishment in form of imprisonment. Synopsis of a thesis, Ryazan.
[26] Valiano, D. 2001. Prevention of crimes disorganizing operation of correctional facilities, committed by oc groups. PhD thesis, Moscow.
[27] Yensebayeva, G. 2011. Comparative analysis of criminal legislation of Russian Federation and Republic of Kazakhstan at crimes perpetrated with organized criminality. COFOLA-2011: the Conference Proceedings, 1st edition, Brno, Masaryk University. Retrieved May 15, 2015, from http://www.law.muni.cz/sborniky/cofola2011/files/normotvorba/Yensebayeva_Gulnur_5972.pdf.
[2] Abroskin, S. 1999. Criminal regulations means for prevention and suppression of crimes committed by sentenced to deprivation. PhD thesis, Moscow.
[3] Criminal Code of Kazakhstan Republic. 2014. Almaty: Norma-K Publishers. Retrieved May 15, 2015, from http://adilet.zan.kz/rus/docs/K1400000226. ISBN 9965-785-26-0.
[4] Criminal Justice Handbook Series United Nations Publication Sales ‘Knowledge-based crime prevention’ No. E.10.IV.9. 2010. New York. ISBN 978-92-1-130300-1. Retrieved May 15, 2015, from http://www.unodc.org/documents/justice-and-prison-reform/crimeprevention/10-52410_Guidelines_eBook.pdf.
[5] Department of Justice the United States USDOJ:CRM:OCGS:Prison Gangs. (n.d.). Retrieved May 15, 2015, from http://www.justice.gov/criminal/ocgs/gangs/prison.html.
[6] DeVito, C. (n.d.). The encyclopedia of international organized crime. Retrieved May 15, 2015, from http://www.armchairpatriot.com/Encyclopedias/Encyclopedia%20of%20Organized%20Crime.pdf. ISBN 0-8160-4848-7.
[7] Documentary movie – Worst prisons of America. High security ‘Country of gangsters’. Retrieved May 15, 2015, from https://www.youtube.com/watch?v=g8H4fY8kAS8 .
[8] Draft Order of President of Kazakhstan Republic, Leader of the nation N.A. Nazarbayev ‘On concept of development of penal policy in Kazakhstan Republic in 2007-2015’. Retrieved May 15, 2015, from http://adilet.zan.kz/kaz/docs/P060000906_ .
[9] Dzhansarayeva, R. 2006. Problems of crime combating in correctional facilities (based on Kazakhstan Republic materials). Synopsis of a thesis, Moscow.
[10] Godunov, I. 2008. Organized crime from dusk till dawn: Workbook for higher schools. Moscow: Academic Project.
[11] Ivanova, E. 1998. Prevention of evasion from serving punishment in correctional facilities of minimum and high security (criminal law and criminological aspects). Synopsis of a thesis, Moscow.
[12] Kachurova, E. 2011. Victimological characteristic and prevention of crimes of violence committed in correctional facilities: Monograph. Irkutsk. ISBN 978-5-91344-286-4.
[13] Kazakhstan Respublikasy Kylmystyk – atkaru zhuyesinin 2014 zhyly shilde aiynan 2014 zhyldyn kazan aiy aralygynda Ontustik Kazakhstan zhane Kyzylorda oblycynda ornalaskan Tuzeu mekemelerinen alyngan impirikalyk materialdar.
[14] Kazaryan, A. (n.d.). Thief in law. Retrieved May 15, 2015, from https://www.youtube.com/watch?v=i8BTf_rDbOo.
[15] Khlystov, A. 2005. Combating manifestations of organized crime in correctional facilities (criminological and criminal regulations aspects). PhD thesis, Ryazan.
[16] Kostyuk, M. 2000. Criminal and criminological issues of crime combating in correctional facilities. Moscow: Academy of management, Ministry of internal affairs of Russia.
[17] Larin, S. 2014. Specifics of initial stage of investigation of crimes committed by leaders and members of organized crime groups in correctional facilities. PhD thesis, Moscow.
[18] Maksimovskiy, E. 1992. Empire of fear. Moscow: Zelenyi parus. ISBN: 5-85888-002-9.
[19] Materials of Al-Farabiysk district court of Shymkent city, South-Kazakhstan region. (n.d.). Retrieved May 15, 2015, from http://astanatv.kz/news/show/id/28354.html.
[20] Materials of Bostandyk district court of Almaty city, Kazakhstan Republic. (2014, January 30). Retrieved May 15, 2015, from http://www.zakon.kz/4599955-v-almaty-osuzhdeny-vory-v-zakone.html.
[21] Mazurin, A. 2003. Criminological characteristic and prevention of crime repetitions in correctional facilities. Synopsis of a thesis, Ryazan.
[22] Podmore, J. 2015, January 25. Prison systems need to acknowledge widespread corruption PRI at the Crime Congress. Retrieved May 15, 2015, from http://www.penalreform.org/blog/prison-systems-need-acknowledge-widespread-corruption/.
[23] Pototskiy, N. 1998. Legal, organizational and tactical basics of operational staff of correctional facilities in combating crime. PhD thesis, Moscow.
[24] Saginbekov, K. 2005. Penal repetition and its prevention (based on Kazakhstan Republic materials). Synopsis of a thesis, Moscow.
[25] Sumenkov, A. 2003. Repetition of crime and issues of execution of punishment in form of imprisonment. Synopsis of a thesis, Ryazan.
[26] Valiano, D. 2001. Prevention of crimes disorganizing operation of correctional facilities, committed by oc groups. PhD thesis, Moscow.
[27] Yensebayeva, G. 2011. Comparative analysis of criminal legislation of Russian Federation and Republic of Kazakhstan at crimes perpetrated with organized criminality. COFOLA-2011: the Conference Proceedings, 1st edition, Brno, Masaryk University. Retrieved May 15, 2015, from http://www.law.muni.cz/sborniky/cofola2011/files/normotvorba/Yensebayeva_Gulnur_5972.pdf.
Published
2016-12-05
How to Cite
KAINAR, Erbolat E..
The Problem of Combating Organized Crime in the Penal System of Republic of Kazakhstan and other Countries.
Journal of Advanced Research in Law and Economics, [S.l.], v. 6, n. 2, p. 310-320, dec. 2016.
ISSN 2068-696X.
Available at: <https://journals.aserspublishing.eu/jarle/article/view/483>. Date accessed: 30 oct. 2024.
Section
Journal of Advanced Research in Law and Economics
Keywords
Organized crime, criminal groups, non-cooperating convicted persons, administration staff, correctional facilities, criminal world, criminal shared fund, thieves in law, codes, criminal bosses, prison enforcer
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