Problems of efficiency of the system of execution of punishments in the criminal law of Kazakhstan: Between legislation and the experience of repeat offenders

The importance of the research is conditioned by conflicts in the current legislation, which has a considerable adverse impact on law enforcement practice. Accordingly, the aim of the study was to analyse the criminal legislation of Kazakhstan in the context of investigating the system of execution of punishments. For this purpose, such methods as dogmatic, logical analysis, legal hermeneutics, deduction, induction, formal legal, and other methods were used. The study revealed that the number of registered criminal offences in Kazakhstan has decreased by half from 2018 to 2022, but the figures are still quite high. The study analysed the Criminal Code, Criminal Procedure Code, and Penal Code, as well as other regulations of criminal law of Kazakhstan. This provided an opportunity to characterise the current types of penalties in Kazakhstan. It was found that arrest is often used as an alternative punishment, despite being the main punishment. It was noted that there is a conflict between the Penal Code and Criminal Procedure Code, and Law of the Republic of Kazakhstan No. 261-IV “On enforcement proceedings and the status of bailiffs”, which leads to incorrect application of the norms by private executors in the context of the execution of punishment in the form of a fine. The practical significance of the findings lies in the provision of recommendations that will eliminate the current conflicts in the criminal law of Kazakhstan, solve the problems of law enforcement practice and increase the level of effectiveness of the execution of punishment, which will contribute to the reduction of crime rates