Institute of Conditional Early Release from Punishment in the Republic of Kazakhstan and its Significance in the Rehabilitation of Convicts
Doctor of Law, Professor, Director of the Law Research Institute at Turan University, Researcher at the Scientific Research Center of the Almaty Academy of the Ministry of Internal Affairs named after M. Esubulatov, Honored Worker of the Ministry of Internal Affairs of the Republic of Kazakhstan, Honorary Worker of Education of the Republic of Kazakhstan, retired Justice Colonel, (Almaty, Republic of Kazakhstan)
Meyram Akatovich Ayubaev
Doctor of Law, Associate Professor, Deputy Chairman of the Committee of the Criminal Executive System of the Ministry of Internal Affairs of the Republic of Kazakhstan, Major General of Justice, (Astana, Republic of Kazakhstan),
Meruert Baubekovna Usenova
Candidate of Law, Senior Lecturer, T. Zhurgenov Kazakh National Academy of Arts, (Almaty, Republic of Kazakhstan)
Asel Aidarkhanovna Bekbayeva
Master of Law, PhD student at Turan University, (Almaty, Republic of Kazakhstan)
Nurgul Erkinovna Urbisinova
Master of Law, PhD student at Turan University, (Almaty, Republic of Kazakhstan),
Abstract
The article addresses an urgent and practically significant issue. Conditional early release from serving a sentence is considered in the article as an opportunity for the state to correct individuals who have committed a crime and have been sentenced to imprisonment for shorter periods than those specified in the court's verdict. The authors discuss the provisions of conditional early release from serving a sentence enshrined in the Criminal Code, the Code of Criminal Procedure, and the Penal Code of the Republic of Kazakhstan. The article outlines the possibilities of applying conditional early release from serving a sentence in the Republic of Kazakhstan as an instrument for achieving the goals of punishment. An analysis of statistical data on conditional early releases from serving a sentence for the period from 2015 to 2022 in Kazakhstan is provided. Based on the analysis of materials from law enforcement practice, the authors demonstrate the effectiveness of achieving the goals of criminal punishment, the enhancement of which is linked to the opportunities provided by the application of the institution of conditional early release from serving a sentence in the Republic of Kazakhstan. Using the example of granting conditional early release by the Republic of Kazakhstan to criminals serving sentences in places of deprivation of liberty, the authors illustrate the potential of law enforcement processes, which, in their opinion, are only utilized at 35-40 percent. The tasks of law enforcement processes regarding convicts during the execution of sentences, according to the authors, should ensure their rehabilitation and reintegration into normal life. The authors believe that attention should be increased in the Republic of Kazakhstan towards conditional early release as an effective tool for rehabilitating convicts and reducing the number of incarcerated individuals, and its procedures and conditions should be revised. The conclusions and recommendations for improving the implementation of conditional early release in the Republic of Kazakhstan are novel, well-founded, and relevant.