Opción,
Año 33, No. 85 (2018): 500-521 ISSN 1012-1587 / ISSNe: 2477-9385
Ensuring the principle of zero tolerance to antisocial manifestations: The
important condition of the constitutional state creation
Talgat Akimzhanov
“Turan” University, Almaty, Kazakhstan akimzhanovtk@mail.ru Saule Suleymenova
“Turan”
University, Almaty, Kazakhstan
s.suleimenova@turan-edu.kz Alua Altynbekkyzy
“Turan”
University, Almaty, Kazakhstan
a.altynbekkyzy@turan-edu.kz
Tatyana Zinkevich
D.A.
Kunayev Eurasian Law Academy, Almaty, Kazakhstan Zinkevich.tatyana@bk.ru
Serik Edressov
Kostanay Academy MIA RK named after Sh.Kabylbayev, Kostanay,
Kazakhstan dresov-serik@mail.ru Meruert
Dosanova
“Turan”
University, Almaty, Kazakhstan
D.A.
Kunayev Eurasian Law Academy, Almaty, Kazakhstan meru.dmm@mail.ru
Abstract
Article
is devoted to relevant and practically significant problem. Ensuring the
principle of zero tolerance to any antisocial manifestations gives the chance
to look at the general system of crime prevention in general. The term Zero
Tolerance has develop a familiar feature of the crime control landscape. In new
times it has been organized regularly by police managers, politicians,
policy-makers and media. The novelty of this approach of counteracting crime is
to gain the opportunity to improve the effectiveness of existing forms and
prevention methods and also will allow finding the new directions of activity,
previously unknown to law enforcement practice.
Keywords:
zero tolerance; antisocial manifestations, causes of crime, criminal policy,
constitutional state.
Recibido: 10-01-2018 Aceptado: 09-03-2018
Opción, Año 3
Garantizar el
principio de tolerancia cero a las manifestaciones antisociales: La condición
importante de la creación constitucional del estado
Resumen
El
artículo está dedicado a un problema relevante y prácticamente significativo.
Garantizar el principio de tolerancia cero a cualquier manifestación
antisocial, brinda la posibilidad de observar el sistema general de prevención
del delito en general. El término Tolerancia Cero ha desarrollado una
característica familiar del panorama del control del delito. En los nuevos
tiempos, ha sido organizado regularmente por gerentes de policía, políticos, legisladores
y medios de comunicación. La novedad de este enfoque para contrarrestar el
crimen es obtener la oportunidad de mejorar la efectividad de las formas
existentes y los métodos de prevención, y también permitirá encontrar las
nuevas direcciones de actividad, previamente desconocidas para la práctica de
la aplicación de la ley.
Palabras clave:
tolerancia cero, manifestaciones antisociales, causas del delito, política
criminal, estado constitucional.
1. INTRODUCTION
Kazakhstan pays
special attention to the counteracting crime problem. There is a legal basis of
counteracting crime, rather mobile lawenforcement system, and the most
important – it is developed a negative attitude at the most part of the
population to criminal manifestations in a society. According to the famous
erudite criminologists, in modern society it is observed serious confrontation
between crime and the state. Moreover, the forms and methods of criminal
activity become more
Ensuring the principle
of zero tolerance to antisocial manifestations: The important condition of the
constitutional state creation
perfect, so the activity of law enforcement bodies is more
actively observed.
At the same time,
it is not possible to reach notable superiority in this confrontation of the
specified parties in full for the objective and subjective reasons. So,
according to the famous scientist-criminologist Antonyan crime is the social
phenomenon as it is a result of generation of people social life, its big and
small conflicts. Its existence is impossible out of social life therefore the
fight against it can be conducted only by those means which are developed by
social practice, social life of the person and society (Pajarillo-Guadamor, 2016).
Nazarbaev (2003), the President of Kazakhstan, in the address to the nation of
Kazakhstan “Strategy “Kazakhstan-2050: a new political course for the State”
offered absolutely new action program of all our society for immediate future.
Special attention was paid on the need of further strengthening of statehood
and development of the Kazakhstan democracy including ensuring the principle of
zero tolerance to a disorder. Head of state noted that the developed society is
begun with discipline and an order in everything: comfortable entrance,
accurate yard, clean streets and friendly persons. We should not be reconciled
even with the smallest offenses, hooliganism, lack of culture because it
violates public order, reduces quality of life. The feeling of the disorder and
permissiveness creates the basis for more serious crimes (Nazarbaev, 2012).
Integrated and conceptual approach which will allow for society to use all
available leverages and possibilities of the constitutional state is necessary
for realization of policy-making principles, specified by the Head of state.
Realization of the principle of zero tolerance to the disorder, except criminal
and legal and criminological measures assumes implementation
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of economic, social, political and other tasks. At the
organization of counteracting crime it is necessary to take into account an
opinion of the famous erudite criminologist G. A. Avanesov that crime is
generated by conditions of public life, but it is a part of these conditions
(Avanesov, 2017). Considering the social nature of crime, counteracting crime
has to cover besides legal questions and other spheres of activity as crime is
no other than a product of the society. The modern theory of criminal law
should investigate the criminal and legal legislation and law-enforcement
practice first of all, in order to establish, and then and to resolve the
available problems in the field of criminal law, morals, rationality and justice.
Development of scientific knowledge allows noting that today the great number
of methodological problems is investigated in the field of criminal and legal
science. The tasks of law-understanding and law enforcement consist in, on the
one hand, to have the correct conception on the developed reality, and on the
other hand help to orient the theory for the needs and requirements of
law-enforcement activity.
2. RESULTS
Disorderly,
antisocial behavior causes distress and alarm, heightens fear of crime and if
unconstrained can lead to mounting criminal behavior to sub-criminal.
Antisocial behavior is a broad term used to describe the day to day incidents
of crime, disorder and nuisance that make the lives of people like unhappiness
and encapsulates performances such as littering and defacement to public noisy
or abusive neighbors. Such a wide range of behaviors means that incidents can
range from the relatively minor to targeted and repeated incidents. As the
first two quotations specify, the
Ensuring the principle
of zero tolerance to antisocial manifestations: The important condition of the
constitutional state creation
term Zero Tolerance is now regularly organized in a wide
range of circumstances when there is a need to indicate strong measures and
clear resolve. Additional particularly, the term has developed a recognizable
feature of the crime control landscape. In the next section, we will consider
approximate approaches of counteracting crime at the present stage.
2.1. Expansion of the sphere of
counteracting crime
It will be
corrected to consider the process of fight against crime not only as impact on
crime, as a negative component of society, but also on society which generates
this crime. Our law-enforcement system was concentrated the attention only on
that part of the population which commits crimes, that is potential offenders
and criminals. And the main part of representatives of society, law-abiding
citizens, remains out of sight. Though the special border dividing the law-abiding
population and persons, committed or inclined to commission, does not exist in
the nature (Akimzhanov, et al., 2014). Any law-abiding citizen can appear on a
dock. And each person, serving sentence in correctional facility, to seek for
return to normal life. Therefore fight against crime has to be considered much
more widely and should not come down only to identification of concrete crimes
and persons committed them. This process has to assume broader and large-scale
actions which realization would promote not only elimination of the concrete
reasons and crime conditions, but also would include an impact and on a
healthy, law-abiding part of society. Complex crime prevention – is a wide
nation-wide task of social character. Scientific bases of the theory of crime
preventions, committed at our
Opción, Año 3
society, are created as a
result of numerous researches of a problem for fight against crime in various
spheres of economy and social life, development of methods and means of its
prevention (Garey, 2012). In criminology for a long time there is a concept of
crime preventions as set of various interconnected measures which are carried
out by public authorities for crime preventions and elimination of the reasons
generating of them. Moreover, the adopted Law of the Republic of Kazakhstan
“About prevention of offenses” aims at the implementation of
this direction.
2.2. Formation of new state criminal
policy
From our point of
view, the criminal policy has to cover, first of all, the questions of punish
ability of acts, the content of the punishment and its prescription. Therefore
determination of criminal policy has to cover the specified directions. As a
result of carrying out criminal policy, firstly, there must be carried out
monitoring of the existing criminal legislation regarding its compliance of the
reality; secondly, how much the criminal legislation is effectively applied,
what its norms are not put into practice or difficult applicable; thirdly,
whether all the acts, committed in reality, are covered by criminal law;
fourthly, whether there are difficulties in use of these or those norms of the
criminal legislation in practice; fifthly, social consequences of enforcement
of a penalty and many other things. The Ancient Greek philosopher Plato wrote
in the early works that punishment – is the good for the criminal which is
capable to restore harmony in his soul. But he admitted the death penalty. At
the same time Plato paid attention to legislative process, noted that
Ensuring the principle
of zero tolerance to antisocial manifestations: The important condition of the
constitutional state creation
there is the need to consider human imperfection, and it is
necessary to seek to prevent a crime, to try to obtain the person was getting
better as a result of punishment. Also Plato noted the personal nature of
punishment; he considered that it should not extend to the criminal’s
descendants even in cases of infringement of the state order
(Pajarillo-Guadamor, 2016). The happening changes of quantitative and quality
indicators of crime (the general growth of the committed crimes, especially its
most dangerous types, including organized forms, decrease in percentage of
criminal cases solved, growth of number of the “prison” population, etc.)
testify to the available unresolved problems in the questions of legal
regulation, law enforcement, organizational support and the need of search of
new ways of counteracting crime. Therefore, main beliefs of criminal policy are
the concepts null and void regardless of whoever has made it. Providing the
basis for the elaboration of laws, bylaws Therefore, the criminal policy
principles should be carrying out the activity of state bodies and officials guidance
for theoreticians of criminal policy and law, in the ant criminal fight. The
principles of criminal policy originators of criminal policy, law makers, law
may contain:
•
Justice;
•
Legality;
•
Complexity;
•
Conformity of tasks, powers and resources;
•
Forward-looking character of strategic decisions.
507
Talgat
Akimzhanov .et al.
Opción, Año 34, No. 85 (2018): 500-521
2.3. Strengthening of the preventive
orientation for the process of fight against crime
One of unused
reserves in counteracting crime is the need of strengthening of preventive
orientation of the state and its bodies. Kazakhstan created the necessary
prerequisites for strengthening of this field of activity which foundation is
laid in the Constitution RK and the new laws adopted on its base. Thus, for the
first time in the history of our country the Law RK of April 29, 2010 “About
prevention of offenses” was adopted. It should be noted “The concept of legal
policy of the Republic of Kazakhstan for the period from 2010 to 2020”,
approved by the Decree of the President Nazarbaev (2003) on August 24, 2009 No.
858. So, according the subsection 2.8 of section 2 is fixed that it is
necessary an expansion of scope of the criminal penalties which are not
connected with imprisonment including an exception of separate punishment
sanctions in the form of imprisonment or decrease in the maximum terms of
imprisonment.
In the light of
implementation of the Address of the President of the Republic of Kazakhstan –
the Leader Nation N.A. Nazarbayev to the nation of Kazakhstan “Strategy
“Kazakhstan-2050: a new political course for the State” as a result of active
work of scientists, practicians and deputies, in 2014 there were adopted Code
of Criminal Procedure, Criminal Code, the Penal Enforcement Code of the
Republic of Kazakhstan and the Code of Administrative Offences of the Republic
of Kazakhstan which entered into force (Nazarbaev, 2003). The state task
consists in that, on the one hand to provide inevitability of punishment for
the committed crime, and on the other hand to make this punishment the most
fair and effective, having as much as possible reduced the social
Ensuring the principle
of zero tolerance to antisocial manifestations: The important
condition of the constitutional state creation
consequences, both for the convict, and for the state, in
general. Thus, the State was taken real steps for a humanization and
democratization of judicial and legal system which are the major components of
the undertaken reforms in Kazakhstan. Together with it, the integrated and
conceptual approach which will allow for society to use all available leverages
and possibilities of the constitutional state is necessary for realization of
policy-making principles, specified by the Head of state.
2.4. Formation of new ideology of counteracting crime
and consideration of process for fight against crime as ensuring national
security of the country
The world community realized that the
most important task for mankind in the third millennium is ensuring national
security as in separately taken state and, in general, on all world space.
Kazakhstan’s
President
N.A. Nazarbayev in his book “Critical Decade”, speaking about security concerns,
noted that national security is intended to provide guarantees of
invulnerability of the main, vital interests of the country ― national
sovereignty, a territorial integrity, protection of the population. In this
sense, national security acts as a life support system of the state: if
there is no national security, then there is no state (Nazarbayev, 2012). The
strategy of safety deserves attention which was described by the famous erudite
criminologist V.N. Kudryavtsev (2003) in the book “Strategy of fight against
crime”. The quoted author suggests to define the security measures as
undertaken for people protection, industrial, military, scientific and other
objects against criminal encroachments of unknown (unidentified) persons. At
the same time the gravity center moves from
Opción, Año 3
preventive, and therefore the repressions, concerning
“suspects” or “unreliable” elements on implementation of measures for the state
protection and public objects and also citizens from possible criminal
encroachments, are illegal. In fact, it is about elimination of the conditions
promoting commission of crimes (Aitken, 2009).
It is known that
the concept of safety from a position of various sciences is, as a rule,
treated ambiguously. The psychology represents safety as feeling, perception
and experience of the need for protection vital (spiritual and material)
requirements and the people interests. The philosophy and sociology consider
safety as a state, tendencies of development and a condition of activity of
society, its structures, institutes and orders at which it is provided
preservation of an optimum ratio of various categories and contrasts. From the
positions of jurisprudence, safety is considered as the system of establishing
legal guarantees for the protection of the personality and society, ensuring
their normal activity, the rights and freedoms. For example, according to S.V.
Stepashin safety is a state, development tendencies (including latent) and
conditions of society activity, its structures, institutes and establishments
at which it is provided maintaining their qualitative definiteness with
objectively caused innovations in it and free, corresponding to own nature and
it, determined functioning (Stepashin, 2004). N.D. Kazakov defines safety as
“dynamically steady state in relation to adverse effects and activities for
protection against internal and external threats, for providing such internal
and external living conditions of the state which guarantee a possibility of
stable comprehensive progress of society and its citizens” (STEPASHIN, 2004).
M.A. Leskov considers safety as the phenomenon identical to a system
homeostasis, “where it is necessary to understand the type of
dynamic balance, characteristic of
difficult self-regulating systems and states in maintenance essential
parameters, important for preservation of system in admissible limits.
Godzimirski (Godzimirski, 2000) considers that safety is a measure of security
of the environment for life, honor, dignity, values of the personality, social
groups, the state, society, a civilization in general. Generalizing safety
definitions given above, it is possible to draw the generalized conclusion that
safety is result of social activities for safety of the personality, society,
state. Concrete threats of danger (information, ecological, military,
political, economic and so forth) and also separate material carriers of these
threats (the natural and social and public phenomena, etc.) act as object of
activities. The law of the
Republic of Kazakhstan “About national security of the
Republic of Kazakhstan” has fixed “a concept of a threat of national security
as set of external and internal factors (processes and the phenomena)
interfering or able to interfere with realization of national interests of the
Republic of Kazakhstan” (Carter, 2004).
It is necessary in
a conceptual terms framework of legal practice in the sphere of counteracting
crime to introduce into terminological circulation the concepts connected with
fight against crime from positions of ensuring national security of the
country. So, in the Law RK of January 6, 2012 “About national security of the
Republic of Kazakhstan” the concept of national security as the condition of
security of national interests of the Republic of Kazakhstan from real and
potential threats, providing dynamic development of the person and citizen,
society and state is legislatively fixed. The same Law RK, to one of the
sources of threats for national security, along with others, were referred:
decrease in legality level and law and order, including increase of crime,
including its
Opción, Año 3
organized forms, merging of public authorities with criminal
structures, the terrorist and extremist organizations, protection of officials
illicit trafficking in the capital, corruption, arms trafficking and the drugs,
promoting to decrease in degree of security of national interests. That is, we
have all legal bases to consider crime as one of the main sources of threat of
national security of the country. And the process of fight against crime is
process of ensuring national security of the Republic of Kazakhstan.
Our presented
approach to assessment of process of counteracting crime from positions of
ensuring national security gives the following advantages. First, the relation
to fight against crime will change in society in general. The importance in the
opinion of citizens on process of counteracting crime will increase. It will be
considered not as the ordinary phenomenon connected with fight against concrete
types of crimes and criminals and as the process, aimed at providing national
security of all state. And each citizen, participating in this process or
rendering assistance, will realize that fighting crime he promotes to
implementation of the major national objective – to ensuring national security
of the whole country. Secondly, by such consideration of process of
counteracting crime the role of the law enforcement agencies will raise
considerably which designed not only to carry out fight against crime, but also
to provide preservation of national security of the state along with special
bodies RK within the functions and powers. Thirdly, the analyzed approach to
fight against crime has the right for existence in society. It is known that
counteracting crime is carried out also by non-specialized subjects of crime
preventions which do not possess of law-enforcement functions, and apply other
measures, complicating commission of crimes or interfering to them. So, the
certain citizens, various bodies and institutions, considering not obligatory
the participation in process of fight against crime for various reasons, just
will not have the moral right not to participate in process of ensuring
national security of the state in which they live. Fourthly, using this
approach to process of fight against crime, it would be possible to formulate
more accurately the tasks, facing law enforcement agencies.
2.5. Further improvement of the
existing Criminal Legislation RK is necessary
Despite the small
term of entry into force of the new Criminal Legislation RK (on January 1,
2015), for the last two years lawenforcement practice has been testifying to
the available problems and separate omissions. For example, today it is already
became obvious that many provisions of the existing Criminal Code of Kazakhstan
of 1997 have become outdated for a long time and needed radical processing.
However, they have smoothly turned into the new edition of the Criminal Code of
Kazakhstan of 2014. That is a fair conclusion arises that tasks of the Head of
our State in respect of a humanization of the current legislation are
implemented not in full. Criminal legislation has to be rigid, even cruel concerning
the ardent criminals who are repeatedly judged, committing crimes is deliberate
and their stay in society represents the increased danger to people around.
They should be isolated from society, certainly. At the same time the criminal
legislation has to show humanity concerning persons for the first time
committed crimes, especially if it is about the crimes committed on imprudence.
The seven
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years ago, on January 29, 2010, the President RK, Nazarbayev
(1997), has paid attention in the Address to the people of Kazakhstan “About
need of change of the developed negative practice for application of such type
of punishment as imprisonments”. He was specified that we have in the
punishment system the penalties which make less than 5%, corrective works –
0,4%, public works – 0%. The main type of punishment is imprisonment (Pravda,
1991).
So, in the Kazakhstan’s Criminal Code of
1997 the most presented type of the main punishment, prescribed in sanctions of
Articles of the Criminal Code RK, is imprisonment (658). On the second place is
a penalty (341). The third place is taken by such type of punishment as
limitation restriction of pretrial freedom (332). Further follow deprivation of
the right to hold a certain position or to be engaged in a certain activity
(223), corrective works (166), community service (76), being at a guardroom
(43), restriction on military service (16), life imprisonment
(19), the death penalty (16). In the new Kazakhstan’s
Criminal Code of 2014, which was taken in force since January 1, 2015 such type
of punishment prevails again as imprisonment (744), then goes further a penalty
(471), after the correctional works (468), restriction on service (342),
property confiscation (264), community services (152), arrest (150), death
penalty (12). It would be necessary to change this ratio, having reduced such
type of punishment as imprisonment and having increased the types of punishment
which are not connected with isolation of the person from society. According to
the famous scientists, being in general the positive instrument of impact on
the criminal, punishment in the form of imprisonment in itself generates the
certain negative consequences which are often poorly depending on law
enforcement agencies. The famous scientist V.N. Kudryavtsev paid attention that
one of paradoxes of people isolation in jails consists that being placed there
for the crime commission and in order to change, they commit in these places
the new crimes, sometimes not less heavy. This fact, according to the quoted
scientist, indicates inefficiency and powerlessness of correction of criminals
by means of isolation from society once again (Musabaev, et al., 2017). Further
V.N. Kudryavtsev specifies that the strategy of isolation of the criminal from
society becomes obsolete (Kudryavtsev, 2003).
3. CONCLUSION
The policing
practices that became related with Zero Tolerance policing were presented to
the New York Police Department (NYPD) following the election of Rudolph
Giuliani as Mayor in 1993, and the appointment of William Bratton as his first
Chief of Police in early 1994. In the Kazakhstan, experiments with so-called
Zero Tolerance policing have been limited to a few localized initiatives that
have in practice accepted only elements of the New York approach. In our
opinion, it is necessary to reduce application of such type of punishment as
imprisonment by its exception of many articles of the Special part of the
Criminal Code of Kazakhstan. And the most important, at deficiency of the
population and Kazakhstan’s big territory, the state should fight for each
citizen who has followed a criminal way and seek to return him on service to
society and state. The modern theory of criminal law should continue a research
of the criminal procedural legislation and lawenforcement practice first of
all, in order to establish, and then and to
Opción, Año 3
resolve the available problems in the field of criminal law,
morals, rationality and justice.
In Kazakhstan
as a result of such law-enforcement practice for the last decades, on average,
annually courts applied such type of punishment as imprisonment to 18-20
thousand persons who stay in correctional facilities. Therefore, there is a
continuous process of intensive increase in number of the “prison” population.
According to the Committee of a penal correction system of the Ministry of
Internal Affairs of the Republic of Kazakhstan, for the entire period of
sovereign development of Kazakhstan over one and a half million people passed
through correctional facilities, and maintenance costs on execution of the
punishment in our country in recent years increased more than 4, 5 times and
has increased to over 50 billion tenses a year. Unfortunately, the new Criminal
Code of the Republic of Kazakhstan which was come into force on January 1, 2015
did not solve all problems which were for that period. Proceeding from it, we
will consider some suggestions for improvement of the existing criminal
legislation. This article describes the consequences of the writers'
comprehensive investigation of the essence and principles of such area of state
activity as criminal policy. At the current day in the world, the criminality
advances and generates new types and habits of crimes commission. Therefore,
states need to revise current criminal policy for the purpose of effective
countermeasure to criminality.
3.1. Reduce
application of such type of punishment as imprisonment.
Ensuring
the principle of zero tolerance to antisocial manifestations:
The important condition
of the constitutional state creation
It is
necessary to work a possibility of the maximum exception of this type of
punishment from separate articles of the Special part of the Criminal Code RK,
for the acts which do not constitute serious public danger, having replaced it
with other types of the punishments which are not connected with isolation from
society. A clear example of such discrepancy is article 273 deliberately false
reports of acts of terrorism of the Criminal Code RK which provides only one
uncontested type of punishment as imprisonment up to six years. In our opinion,
imprisonment should be applied only in those exceptional cases when the person
committed the crime represents danger to people around and society in general
and needs immediate isolation.
3.2. Reduce the time limit for
imprisonment
According to
the article 46 Criminal Code RK of 2014 imprisonment for the committed crimes
provided by the Special part of the Criminal Code RK are established from six
months to 15 years, and for the gravest crimes – up to 20 years or for life.
The term of imprisonment cannot exceed 10 years for careless crimes. In case of
partial or full addition of terms for imprisonment at accumulative sentencing
the term of imprisonment cannot exceed 25 years, and on set of sentences – no
more than 30 years. As we see, it is observed significant increase in terms of
imprisonment in comparison with the old criminal legislation of our country.
So, the Criminal Code of the Kazakh SSR (article 23 “Imprisonment”) determined
imprisonment terms from three months to 10 years, and for the gravest crimes –
up to 15 years. And only at substitution of the death penalty, as commuted
sanction, imprisonment could be fixed to term over 15 years, but not over 20
years. Taking into account many circumstances related to the conditions of
detention of convicts, with a possibility of completion on corrective process
in shorter terms, with annually increasing number of convicts, with increase in
maintenance costs, and also aspiration of Kazakhstan to improve the index of
“the prison population” of the country, there would be expedient to revise
provisions of again adopted Criminal Code RK of 2014 regarding imprisonment
terms, having established imprisonment terms not over 10, and in special cases
- to 15 years.
3.3. Reconsider a parole order
In the article
72 of Criminal Code RK of 2014 “Parole from serving sentence” should be
reconsidered established mandatory terms of serving a sentence:
1)
Not less than one third of punishment term, prescribed for crimes of
small or medium gravity;
2)
Not less than a half of the sentence term, prescribed for the grave
crime;
3)
Not less than two thirds of punishment term, prescribed for the gravest
crime and also if the parole applied was cancelled earlier on the bases
provided by points 1) and 2) of the part seven of article;
Ensuring
the principle of zero tolerance to antisocial manifestations:
The important condition
of the constitutional state creation
4)
not less than three quarters of the sentence terms, prescribed for the
crimes, provided by points 3) and 5) of the part third of article 120 (Rape)
and points 3) and 5) of the part third of article 121 (Violation of sexual
integrity) of the present Code; and also if the parole, applied earlier, was
cancelled on the basis provided by point 3) of a part seven of present article;
5)
not less than one third of sentence term, prescribed for the gravest
crime in case of implementation of all conditions for the procedural agreement
by the convict.
We suggest
replacing them with others: for the minor offence – up to 1 year, the offence
of intermediate gravity up to 2 years, the grave crime – up to 3 years, the
gravest crime up to 4 years. Such replacement does not mean mass and obligatory
discharge of all convicts. It is only about that category of convicts who
improved and does not need further isolation. Especially in point 5, the quoted
72 articles of the Criminal Code RK (Parole from criminal penalty) it is
established the general requirement that actually served the sentence term of
imprisonment by the convict cannot be less than 6 months. The offered approach
will give the chance to stimulate convicts to correction and it is essential to
reduce the number of the prison population and at the same time to increase the
responsibility of corrections officers.
3.4. Expand application of institute
of suspended sentence.
(Article 63 of
Criminal Code RK of 2014 Suspended sentence)
The criminal
legislation has to show humanity concerning persons for the first time
committed crimes, especially if it is about the crimes committed on imprudence.
As a rule, condemnation of the person to imprisonment is the tragedy not only
for the convict (isolation from society, loss of communications with friends,
fellow workers and even with relatives), but also for his close relatives,
friends (negative assessment from neighbors, colleagues of the spouse,
schoolmates of children and many other things). Especially if it is about the
high-ranking official the former prime minister, the minister, the deputy of
the minister, the Chairman of the Committee or the Akim of area, city,
district, etc. Unfortunately, in Kazakhstan such examples became not a rarity
recently. Especially, according to scientists, experts in the sphere of penal
system, being in general the positive instrument of impact on the criminal,
punishment in the imprisonment form in itself generates the certain negative
consequences which are often poorly depending on law enforcement agencies. That
is, during stay in correctional facility there is happened under the influence
of various factors, a serious deformation, and at times and degradation of the
identity of the convict. And the most important, at the population deficiency
and the big Kazakhstan’s territory, the state should fight for each citizen who
makes a decision to be in criminal way, so it must seek to return him on service
to society and state with the smallest losses. So, there should be noted that
the content of the pursued criminal policy of the state can be determined by
many factors of both internal and external character. It is possible to carry
to them: the situation in social and economic and political spheres, a state,
level and dynamics of crime, a demographic situation in the country and many
other things. Taking into account above-mentioned circumstances it is possible
to note that the offered approach to reconsideration of separate aspects of
Ensuring the principle
of zero tolerance to antisocial manifestations: The important
condition of the constitutional state creation
counteracting crime will promote the solution of many tasks
facing law enforcement agencies and increase in efficiency of their
participation in this process in the conditions of the happening changes on
strengthening of law and order and further liberalization of the criminal
legislation of the Republic of Kazakhstan. At the same time it is easy to
establish the direct dependence between the criminal policy content and the
happening processes in the sphere of democratization. Thus, the conclusion: the
more democratic this or that society is, the more humane the criminal policy, pursued
in it. So, it is exactly the evidence of formation of the constitutional state.
REFERENCES
AITKEN, Jonathan,
2009. Nazarbayev and the making of Kazakhstan:
from communism to capitalism,
Bloomsbury Publishing, London (United Kingdom).
AKIMZHANOV,
Talgat K, Dilbarkhanova, Zhanat R, Begimbaev, Serik A, Beysenbayeva, Manshuk T,
Sh, Dilyara, Ismailova, Saule M,
Omarova, Ayman
B and Tulekova, Aynash M, 2014.
"Liberalization of criminal policy of
the republic of Kazakhstan– one of the conditions to form the democratic,
secular, legal and social state". Life Science Journal, Vol. 11,
No.10: 498-502.
AVANESOV, Olga, 2017.
"Criminology in Russia: From Criminal Law to Sociolegal Inquiry". The
Handbook of the History and Philosophy of Criminology, Vol. 32, No.5:
422-436.
CARTER,
David L, 2004. Law enforcement intelligence: A guide for state, local, and
tribal law enforcement agencies, US Department of Justice, Office of
Community Oriented Policing
Services,
Washington DC (USA),
GAREY, Amy, 2012. The
Russian Male Macho Register and Performances of Masculinity, University of
California, Los Angeles (USA).
GODZIMIRSKI, Jakub M,
2000. "Russian National Security Concepts 1997 and 2000: a comparative
analysis". European Security, Vol. 9, No.4: 73-91.
KUDRYAVTSEV, VN, 2003.
"Strategy of fight against crime". M.: Lawyer, Vol. 12, No.5:
50-67.
MUSABAEV, Turlybek
Turkpenovich, Kayupov, Tabyldy and Seylhanova, Duman Kataevna, 2017.
"Situation modeling of regional development in the Republic of
Kazakhstan". European Online Journal of Natural and Social Sciences,
Vol. 6, No.4: pp. 601-620.
NAZARBAEV, Nursultan,
2003. The critical decade, Published in association with First Books,
Routledge, Abingdon (United Kingdom).
NAZARBAEV, Nursultan,
2012. Strategy Kazakhstan 2050: New political course of the established
state, Narcic, Astane (Iran).
NAZARBAYEV, NA, 1997.
"Kazakhstan-2030". Almaty: Bilim, Vol.32, No.8: 1-23.
NAZARBAYEV, NA, 2012. "Strategiya «Kazakhstan-2050»".
Kazakhstanskaya pravda, Vol. 15,
No.2: 36-45.
PAJARILLO-GUADAMOR,
Maita L, 2016. "A Proposed Internship Manual for Criminology Students of
Olivarez College, Paranaque City". International Journal of Advanced
Research in Management and Social Sciences, Vol. 5, No.3: 204-229.
PRAVDA,
Kazakhstanskaya, 1991. "Reprint of Speech by President Nazarbayev". Kazakhstanskaya
Pravda, Vol. 23, No.5: 41-58.
STEPASHIN, S, 2004.
"Analiz protsessov privatizatsii gosudarstvennoy sobstvennosti v
Rossiyskoy Federatsii za period 1993-2003 gody". Moscow: Olita,
Vol. 59, No.12: 1-12.