Attracting to Community Services as Type of Criminal Punishmentin the Republic of Kazakhstan

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Place and role of the community services in the system of the criminal punishments of the Republic of Kazakhstan, also measures rising effective of this type of punishment are considered in the article. Realizing excursus in history of coming into being and development this punishment. Distinctions of the community services by active legislation of Kazakhstan and legal consequences, the evasion from community services, also conditions of the replace this punishment are analysed.. Circle of persons, to who can not apply community services are marked in the article, defined category persons to who may be apply deferral of fulfillment of this punishment. Pay attention of possible assignment of the community services to military serviceman. Moreover, lack of positions of the Criminal Code of the Republic of Kazakhstan dated 3 July 2014 that regulating community services are considered in the article, more specifically, absence of taking into account of interest of persons, who has permanently job or learning in the period of the serving punishment. Comparison of the legal regulating community services by legislation of Kazakhstan and international legal regulating on bases of conventions that which member is the Republic of Kazakhstan is carried out. Author is pay attention to experience of the foreign states by resolution of some problems is considered in the article. Amendments to criminal legislation of the Republic of Kazakhstan with the object of further to improve it in a part of application of the community services are suggested.

作者简介

Nuradel Mussali

Lomonosov Moscow State University

Email: nuradel@mail.ru
Cand.Sci.(Law), competitor of the sub-faculty of criminal law and criminology of the faculty of law Moscow, Russia

参考

  1. Amantaeva L. Punishment with benefit for society // Execution of punishments. 2020. №11.
  2. Quality of criminal law: problems of General Part: monograph / editor - in-chief A.I. Rarog. - Moscow: Prospekt, 2019. - 288 p.
  3. Encyclopaedia of criminal law. V.8. Criminal responsibility and punishment. - Edition of professor Malinin - SPb GKA, SPb., 2007. - 798 p.
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