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Bulletin of Abai KazNPU. Series of Jurisprudence

ISSUES OF IMPROVING THE SYSTEM OF PUNISHMENT IMPOSED FOR CRIMINAL OFFENSES WITHIN THE FRAMEWORK OF THE CRIMINAL LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN

Published April 2026
Абай атындағы Қазақ ұлттық педагогикалық университеті
Abstract

The article, based on a scientifically grounded analysis, examines the main prerequisites for the introduction of the concept of a criminal misdemeanor, including the need to clearly distinguish between criminal and administrative law, optimize the justice system, and improve criminal policy in accordance with modern requirements. It is noted that the implementation of the criminal misdemeanor institution simplifies criminal proceedings, reduces the workload of law enforcement agencies, and ensures the fairness and effectiveness of criminal liability.

In this context, the types of punishments prescribed for criminal misdemeanors, their compliance with the policy of humanization, and their effectiveness in law enforcement practice are analyzed in detail. The author substantiates the expediency of broader application of non-custodial sanctions and reveals the preventive and educational potential of such alternative measures as fines, community service, and corrective labor. The interrelation between exemption from criminal liability, active repentance, reconciliation with the victim, and mediation is also considered.

Relying on UN documents and foreign experience, the article proves the necessity of developing mechanisms aimed at prioritizing the interests of the victim and promoting peaceful conflict resolution. In conclusion, scientific recommendations are formulated for improving criminal legislation, differentiating punishments, and increasing the effectiveness of law enforcement practice.

Pdf (Қазақ)