公共监督委员会在尊重罪犯权利和合法利益方面的作用以及提高其活动效力的方法

R.U. Tatikov, K.Zh. Baltabaev, Yu.N. Drokin
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引用次数: 0

摘要

这篇文章审查了哈萨克斯坦公共监督委员会研究所的发展,作为公众参与惩教机构遵守法治的一种形式,以及在其活动中出现的问题。这一公共控制机构的历史表明,从它在革命前的俄国存在的最初几年开始,社会代表参与惩教机构活动的这种形式证明了它在保护囚犯利益方面的有效性。在斯大林的镇压期间,由于显而易见的原因,这些公共组织的工作被削减了。在改革国家法律体系以增强公众对权力机构的信心的背景下,人民政协的作用和重要性显著增加。不幸的是,很少有专门讨论国家协调委员会活动的特别作品,更不用说哈萨克斯坦根本没有。ONC在专门讨论刑事执法法的著作以及对它们的评论中都有提及。尽管近年来国家和民间社会结构之间出现了密切合作的趋势,但现代刑事司法委员会活动的实践表明,在其组成、向罪犯提供法律援助以及在行使其职能时对其活动的一些限制方面仍然存在问题。在拟议的工作中,针对国家协调委员会工作中已查明的问题,提出了修订和补充立法的建议,以改进这一民间社会机构的有效活动。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The role of public monitoring commissions in the observance of the rights and legitimate interests of convicts and ways to improve the effectiveness of their activities
The article examines the development of the Institute of the Public Monitoring Commission (PMC) in Kazakhstan as one of the forms of public participation in the observance of the rule of law in correctional institutions and emerging problems in their activities. The history of this institution of public control shows that from the first years of its existence in pre-revolutionary Russia, this form of participation of representatives of society in the activities of correctional institutions has proved its effectiveness in protecting the interests of prisoners. During the years of Stalin's repressions, for obvious reasons, the work of these public formations was curtailed. In the context of reforming the state-legal system in order to increase public confidence in the institutions of power, the role and importance of the PMC increases significantly. Unfortunately, there are very few special works devoted to the activities of the ONC, if not to say that there are none in Kazakhstan at all. The ONC is mentioned in the works devoted in general to penal enforcement law, and in the comments to them. Despite the fact that in recent years there has been a trend of close cooperation between the state and civil society structures, the practice of modern PMC activities indicates that there are still problems associated with the formation of its composition, their provision of legal assistance to convicts and a number of restrictions on their activities in the exercise of their functions. In the proposed work, in connection with the identified problems in the work of the ONC, proposals are made for amendments and additions to the legislation to improve the effective activities of this body of civil society.
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