Problems of the development of post-penitentiary probation in Kazakhstan

The purpose of this study was to conduct a critical analysis of the practice of post-penitentiary probation in Kazakhstan. Terminological, hermeneutic, and comparative methods were employed. The study explored the essence of probation, identified its main types, and examined post-penitentiary probation as an integral component in greater detail. The experiences of Norway and Sweden in this area were analysed, and it was established that these states effectively implement penitentiary probation through a combination of measures: guaranteeing humane treatment, adhering to the principle of normalisation, implementing individual supervision, facilitating the reintegration of released convicts, and reducing recidivism. The importance of incorporating these measures into the Kazakhstani system as prospects for development was emphasised. As a result, a comparative analysis of Kazakhstanʼs national legal acts and the international framework regulating penitentiary probation was conducted. Specifically, the following aspects were compared: the rights of persons released from prison; the definition of probation; the main principles and types of probation; means of rehabilitation and resocialisation; and the application of post-penitentiary probation. Additionally, statistics on the crime and security indices in Kazakhstan, Norway, and Sweden were analysed. It was found that Norway had the most favourable indicators, with a crime rate of 32.6 and a security index of 67.4; Kazakhstan occupied a middle position with scores of 45.9 and 54.1, respectively; while Sweden recorded a higher crime rate of 48.4 and a security index of 51.6. The state of post-penitentiary probation provision in Kazakhstan was investigated, and its main problems were identified: high recidivism; insufficient supervision of former convicts; lack of financial resources; limited social and legal assistance; discrimination based on criminal records; low levels of inter-agency cooperation; and a shortage of qualified personnel. The findings of this study may be useful in identifying ways to address these issues in Kazakhstan