2024, Vol. 3, No. 4. - go to content...

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Imanbayev S.M., Imanbayev Ye.S. «Probation control» in national and international legislation. Journal of Social Policy, Population Preservation and Reproductivity. 2024; 3(4). Available at: https://spnjournal.ru/PDF/05SPN424.pdf (in Russian).

«Probation control» in national and international legislation

Imanbayev Serik Mardenovich
Turan-Astana University, Astana, Republic of Kazakhstan
E-mail: esirgep57@mail.ru

Imanbayev Yerbolat Serikovich
National Guard of the Republic of Kazakhstan, Ust-Kamenogorsk, Republic of Kazakhstan
E-mail: lucky1506@mail.ru

Abstract. Since defining itself as an «independent» State, Kazakhstan has faced problems with the regulatory and legal regulation of the process of executing and serving criminal sentences in the form of imprisonment. Following other States of the former Soviet Union, it has sought to emulate Western legal systems. Categorically rejecting the previous legislative and law enforcement experience regarding criminal penalties. In particular, the use of so-called «probation control», borrowed from Western countries, was chosen as one of the conditional priorities. And above all in the United States of America. The article examines the foreign experience of the functioning of the institute of «probation control» as a special component of criminal justice in Western countries. In particular, using the example of the United States, Great Britain, as well as a state entity such as Georgia (which has been unsuccessfully striving to join the European Union for several years), the peculiarities of legal regulation in legislation and certain aspects of the law enforcement practice of probation control are reflected. The article shows examples of legal regulation of the use of electronic monitoring in probation control. Based on the analysis presented in the article, the authors have formulated a number of recommendations and proposals aimed at the development and unification of the institute of probation control in the Republic of Kazakhstan. The main thing, according to the authors, in the effective solution of justice issues in sovereign Kazakhstan, the authors see in borrowing a foreign probation system. They define the USA and Great Britain as their main reference points.

Keywords: probation; probation control; probation institute; foreign experience of probation; penal enforcement system; penitentiary control; post-penitentiary control; correction of convicts

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