Arrest as a Type of the Criminal Punishment in the Republic of Kazakhstan

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Abstract

Criminally-legal character punishment of arrest as a type of punishment in criminal law of the Republic of Kazakhstan is given in the article. It’s essence and particularities of imposition this punishment are showed. Also compares with another criminally-legal institutions is carried out. Analyzing problems, which are arizen after inclusion criminal punishment in the form of arrest in operation Criminal Code of the Republic of Kazakhstan, including status of the independent punishment, spreading law consequences on the arrest, which are applied by deprivation of freedom, particularities of the arrest serviceman, period of the arrest, questions are connected with imposition of the punishment in the form of arrest. Moreover, questions are arizen, with which practice will be collide in the future, in particular, possibilities of imposition of the arrest for attempted criminal infraction. Criminal punishment in the form of arrest in the frame of the categorization of crimes, also possibility of the imposition of arrest to women and men with young children over the age of three are considered. About possibility of imposition arrest conditionally is analyzed the question. Consideration practical realization and big financial expense for introduction of arrest is analyzed the question of the necessity of arrest. To take into account that arrest is relatively a new type of the punishment in operation kazakh criminal legislation lead to experience of the foreign states.

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About the authors

Nuradel Mussali

Lomonosov Moscow State University

Author for correspondence.
Email: nuradel@mail.ru

Cand.Sci.(Law), Competitor of the Sub-Faculty of Criminal Law and Criminology of the Faculty of Law

Russian Federation, Moscow

References

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  3. Commentary to Criminal code of the Republic of Kazakhstan. In two books. Book 1. Edited by Rogov I.I., Rahmetov S.M. Almaty: Publishing house « Norma-K», 2003. – 448 p.
  4. Mussali N. Attracting to community services as type of criminal punishment in the Republic of Kazakhstan // Gaps in Russian legislation. 2022. №6.
  5. Encyclopaedia of criminal law. V.8. Criminal responsibility and punishment. – Edition of professor Malinin – SPb GKA, SPb., 2007. – 798 p.

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