Specific Issues in of Applying Release on Parole in the Republic of Kazakhstan: Theory and Practice

Abstract

The questions of the theory and practice of applying release on parole or non-application of certain types of punishment to some categories of persons are widely discussed in research publications both in Kazakhstan and abroad. However, an analysis of amendments introduced in Kazakh normative legal acts concerning release on parole (criminal, criminal procedure, penitentiary legislation, normative decrees of the Supreme Court of the Republic of Kazakhstan) reveals some discrepancies that should be corrected. The practice of applying release on parole shows that certain issues require additional legislative regulation with the purpose of eliminating any doubts about the interpretation of the law, which determines the relevance of their research. Frequent changes in legislation cause difficulties for the correct application of these normative legal acts by courts, for example, those connected with the revocation of parole, or annulment of the request for parole, which is what most often happens in practice. The abovementioned legal acts and research publications are used to conduct an analysis of the conditions for the revocation of parole, and then propose changes in Part 7 of Art 72 of the Criminal Code of the Republic of Kazakhstan. It is mentioned that the practice of using preventative measures by state, law enforcement bodies and non-governmental organizations is not always effective enough. Due to this, legislation should provide for the measures of its improvement, and a large-scale comprehensive plan for the re-integration of persons released on parole into all spheres of social life should be developed. The author also concludes that it is necessary to introduce certain amendments into the Rules of Monitoring the Behavior of Persons Released on Parole, which will reduce paperwork for the district police inspectors and probation officers.