Some vital aspects of using the arrest as a punishment in accordance with the legislation of the Republic of Kazakhstan

BULLETIN of L.N. Gumilyov Eurasian National University. Law Series Pub Date : 1900-01-01 DOI:10.32523/2616-6844-2022-138-1-113-123

M.A. Aldiyarkhan

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Abstract

The article investigates results and other relevant legal issues of the use of punishment in the form of arrest by convicts in the criminal legislation of the Republic of Kazakhstan. The current Criminal Code, adopted on July 3, 2014, states that criminal offenses, depending on the degree of public danger and punishability, are divided into crimes and criminal offenses. I conducted a study on the type of criminal punishment in the form of «arrest» used for committing a criminal offense. An explanation is also given on the concept of a crime and a criminal offense in the Criminal Code of the Republic of Kazakhstan. The article represents comparative research of the brief history and practice of applying punishment under arrest in the legislation of the Republic of Belarus and the Russian Federation, as well as in the criminal legislation of the Republic of Kazakhstan. The author makes his scientific conclusions for improving the national mechanism for applying arrest as a punishment conducting a legal analysis of national legislation and the legislation of some foreign states.

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根据哈萨克斯坦共和国的立法，将逮捕作为一种惩罚的一些重要方面

本文对哈萨克斯坦共和国刑事立法中以罪犯逮捕形式使用刑罚的结果及其他相关法律问题进行了探讨。2014年7月3日通过的现行刑法规定，刑事犯罪根据公共危险程度和可惩罚性分为犯罪和刑事犯罪。我进行了一项研究，以“逮捕”的形式用于刑事犯罪的刑事处罚类型。还对《哈萨克斯坦共和国刑法》中犯罪和刑事犯罪的概念作了解释。本文对白俄罗斯共和国和俄罗斯联邦立法以及哈萨克斯坦共和国刑事立法中适用逮捕刑的简史和实践进行了比较研究。通过对我国立法和一些国家立法的法律分析，得出了完善我国适用逮捕作为刑罚的机制的科学结论。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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BULLETIN of L.N. Gumilyov Eurasian National University. Law Series

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