Limitation of Freedom as Type of Punishment by Criminal Law of the Republic of Kazakhstan: Theoretical and Practical Problems

The article is devoted to the analysis of the limitation of freedom as a type of criminal punishment in the Republic of Kazakhstan. The author shows the evolution this type of punishment after 1997, reveals the content of the punishment and identifies its differences from conditional conviction. Historical, comparative law and system-comparative methods studying social legal phenomenon methods of research have been applied. In the article is marked the content of limitation of freedom is changed due to adoption of new Criminal Code of the Republic of Kazakhstan on July 3, 2014. The legislator began to use conception «forced labour» in case of describing this type of the criminal punishment. Such amendments become the ground for theoretical and practical issues. In this connection research is being conducted of the definite positions of the criminal legislation that is concerning limitation of freedom. As a result of the appointed research lacks and faults of the criminal legislation of the Republic of Kazakhstan are revealed, which has practical significance, and also formulated conclusions and suggestions, recommendations which are allowed to eliminate marked lacks and faults. Moreover, on basis of the international experience is proposed to improve provisions regulating the punishment in the form of limitation of freedom, for the purposes to increase it’s effective.

criminal law of the Republic of Kazakhstan, criminal punishment, limitation of freedom, conditional conviction, forced labour, forced work