ANNOTATION
to the dissertation work on the theme of «Conceptual bases of the prevention of recurrent criminality in the Republic of Kazakhstan»,
prepared to obtain the degree Doctor of Philosophy (Ph.D.)
in the specialty 6D030300 – «law enforcement activity»
Balgozhina Maigul Egeubaevna
Actuality of the research topic is determined by social need to develop science-based optimal ways and means of social and legal control of recidivism. Persons committing recidivism crimes, considered as a special category among the persons who commit crimes, are performing functions in the social environment as a considerable group, forming, continues and spread the special sub culture, not only in places of confinement but and also outside them. Recidivism attention is drawn to stability of the criminal subculture, regularities of its development, the power of influence on the recruitment into their ranks of new waves of previous convictions, unemployed, youth, and other marginalized groups. Emerged as particular group in connection with the commitment to a particular criminal subculture, they constantly strives to replenish their ranks with new waves. Persons committing recidivism crimes, have a negative influence on the positive changes in the community and reduce the impact of legislative reforms in sphere of counteraction of criminality.
Prophylaxis recidivism crimes refers to a number of significant and promising social challenges facing the society and the state. The effectiveness of penal, criminal-executive and criminological policy is estimated in comparison with changes in indicators of recidivism сrimes.
Of course, that various challenging social-economic, political and legal circumstances taking place in our country, connected with the global phenomena, however, it should be said that the factors influencing them have not only external but also internal nature. This conclusion concretize crime rates in the country
If you rely on the information received from the Committee on legal statistics and special records, for the last ten years (2007-2016 years) crime figures are growing every year, in particular, in 2007 are registered 130090 crimes, in 2008 - 127478, in 2009 - 121667 in 2010 - 131896 in 2011 - 206801 in 2012 - 287681 in 2013 - 359844, in 2014 - 341291, in 2015 - 346510 and for 9 months of 2016 - 300661 crime. At the same time the highest growth rates are fixed in the years 2013 and 2015.
However, these information about crime not give a real picture of the actual crime. This may be seen from the next. If in fact only over the last few years, crime has increased several times, it would then be manifested mass panic, recourse to the public safety measures, the negative migration (leaving the country), etc. negative processes. These phenomena and processes would not remain without attention of the media. However, in reality we are witnesses is not a real of crime growth, but a sharp change in its statistical indicators. In other words, these crimes were for a long time in a latent part of the crime and were not known, only in recent years, in connection with perfection of accounting crimes were in the public eye [1, P-1070.].
In general, for the society in sphere combating crime level of danger recidivism crime is particularly significant. The danger of persons committing recidivism crimes, conditioned by the fact that they, along with obstruction of the achievement of the purposes of punishment, involving young people in its ranks form various criminal groups and adhering to the prison subculture in and out of places execution of punishments, contribute to the penal crime.
If you pay attention to indicators recidivism crime for the period 2007-2016, in 2007 registered 8774, in 2008 - 8407, in 2009 - 9228, in 2010 - 8993, in 2011 - 10272, in 2012 - 12102, in 2013 - 12317, in 2014 - 11434 of such crimes. And in 2015, from 17,692 registered criminal offenses committed by persons who previously committed a crime, only 144 are recognized recidivism of crimes. During the first 9 months of 2016, respectively 25547 registered criminal offenses and 436 cases of recidivism. Thus, due to the fact that according to the new criminal law crimes small and average weight is not related to crimes forming Recidivism of crimes, we have seen a significant reduction in recidivism crime. Also, is an interesting situation formed with juvenile delinquency that were previously committed the criminal offenses: in 2009 registered 216, in 2010 - 155, in 2011 - 174, in 2012 - 97, in 2013 - 96, in 2014 - 69, in 2015 - 227 (including 7 - criminal misconduct), and for the first 9 months of 2016 registered 306 criminal offenses of juveniles, 19 of them are qualified as criminal offenses. Thus, if in last years of juvenile crime rates before committing a criminal offense has consistently decreased, then in 2015 gave a sharp jump.
It is generally known that for a long period in our country with regard to recidivist crime formed a peculiar policy and priorities for legislative reforms and they were limited to the appointment of a more severe punishment persons who committed recidivism, and the definition of them a more severe regime of serving the punishment. In particular, we can clearly see that this policy has been implemented in within the framework of the Criminal Code of 1997. However, the study and comprehensive analysis of the social processes from the point of view of modern concepts demonstrated the need for a fundamental change of criminal policy. In recent years, Kazakhstan has stepped up work on the use of scientific and management technologies in the sphere of legislation, the monitoring of such activities, the implementation of conceptual approaches, implementation of scientific expertise on draft laws, over control and provides a form of legislative activity [2]. Because "... the fundamental changes occurring in the world economy and politics, the processes of globalization, and the internal dynamics of development of the country do not allow complacency. In order to ensure conformity of national law, the new challenges of the times, to enhance its competitiveness further improvement of the normative and enforcement activities of the state, finally freed from the legal dogmas that do not meet the prospects of the 21st century" [3].
As shown in the Concept of Legal Policy of the Republic of Kazakhstan for the period from 2010 to 2020, approved by the Decree of the President of the Republic of Kazakhstan dated August 24, 2009 № 858: The most important element of the state legal policy is a criminal policy, the improvement of which is carried out by comprehensive, an interconnected correction of criminal, criminal procedure and criminal executive law as well as law enforcement. Further development of the criminal law, as before, must implemented taking into account a two- pronged criminal policy.Humanization should concern mainly of persons newly committed crimes small and average weight, as well as vulnerable groups - pregnant women and single women with dependent minor children, minors, elderly people. [3].
Today in the course of implementation of the Concept of Legal Policy, in fact in life make their way to approaches based on real life, taking into account the best foreign practice. They carried out in 2014 in branches of legal science regulating the main areas of public life, through the adoption of new laws aimed at maximum humanization of action against crime.
The newly adopted Criminal, Criminal Procedure, Criminal Executive Code of the legal structure of recidivism is formulated differently and instead of the former strict legislative regulation for the appointment of persons of punishments committed recidivism, expanded the discretionary powers of the court. Analysis of these changes, their perfection, deepening and ensuring their implementation is an urgent task today.
Time proves that one of the best ways of prevention of recidivism is the social adaptation of persons released from prison. The 33 "100 concrete steps" step Presidential Programmes states that "Building an effective system of social rehabilitation of people released from prison and are registered probation. Develop a comprehensive strategy for rehabilitation and the standard of social services for those citizens "[4].
Along with this in the plan return to the bosom of society parties, cross the boundaries of criminal law, some hope can be associated with the Law of the Republic of Kazakhstan "On Probation", a project that today is under discussion.
Thus, the transition from the paradigm of impact on recidivism by strengthening criminal law, criminal and executive bases of criminal policy on adaptation paradigm of social, economic infrastructure with modern objectives, on the state level deemed be more appropriate paradigm designed to maximize the effectiveness of the humanistic policy. In turn, the scientific research aimed at the development, improvement and deepening of this paradigm, the implementation of it in life, definitely recognized to date. Our dissertation work is one of the first in this direction.
The degree of theoretical problem elaboration. The nature, causes of recurrent criminality and the problem of its prevention following Russian scientists saw in their studies, as Y.M. Antonyan, A.I. Alekseev, Y.U. Bitko, I.V. Voloshin, P.F. Grishanin, V.I. Guskov, A.F. Zelinsky, N.A Kolomyttsev, Y. Krasikov, A.S. Mikhlin, V.P. Malkov, A.P. Nekrasov, K.A. Panko, V.I Popov, O.V. Filimonov, S.V.Scherbakov, M.V. Goncharova. In this line of Kazakh scientists should be mentioned A.B. Skakov, D.S. Chukmaitov, B. Nakipov, K.J. Baltabaev, I.Sh. Borchashvili, Z.S. Tokubaev, T.K. Akimzhanov, R.E. Dzhansaraeva, M.A. Ayubaev, S.S. Moldabaev, S.J. Ospanov, M.O. Nukenov, G.S.Dүysenbaeva and others.
The aim of research is to study the recommendations aimed at improving the legal, organizational, legal and preventive measures impact on recidivism.
Research objectives:
- characteristics of the main indicators of recurrent criminality in modern conditions of Kazakhstan;
- disclosure of the reasons for of recurrent criminality, their criminological assessment;
- the disclosure of the personal characteristics of persons committing recidivism;
- identifying opportunities for improving the rules governing the social relations associated with recidivism;
- analysis of the place, general and specific symptoms and relapse categories of crimes at the Institute of plurality of criminal offenses;
- the disclosure of the content of the concept, the essence and stage adaptation of persons released from institutions of the penitentiary system;
- the study of foreign experience in the social adaptation of persons released from prison;
- development of recommendations for the implementation of the best models of foreign experience by adapting to our conditions;
- development of recommendations for the social adaptation of persons of the institutions of the penitentiary system.
The object of research is a complex of two groups of social relations, on the one hand give rise to recidivism, and on the other hand aimed at its prevention. A subject of criminological studies are indicators of recurrent criminality, the rules of criminal and criminal-executive legislation, unrelated to recidivism, as well as normative legal acts of social and labor relations, aimed at adapting the perpetrators of Relapse of crimes.
The methodological base of research. The methodological base of research constitute the general scientific and public-scientific methods of knowledge of socio-legal processes and phenomena, as well as based on their historical, sociological, logical, comparative legal, documentary, statistical, and other questionnaire techniques formally-legal analysis.
The theoretical base of the research comprise the following works of scholars like A.I. Alekseev, Y.U. Antonyan, M.M. Babayev, K.Zh.Baltabaev, A.V. Diamond, Y.I. Bitko, I.G. Vozzhannikov, N.V. Vitruk, I.M. Halperin, Y.I. Gilinskiy, P.F. Grishanin, A.I.Dolgova, G.S.Dүysenbaeva, V.A. Eleonskii, A.F. Zelinsky, B. Nakipov M.Ch. Kogamov, Y. Krasikov, V.N. Kudryavtsev, N.F. Kuznetsova, E.І. Қaiyrzhanov, S.J. Lebedev, V.P. Malkov, A.S. Mikhlin, A.E. Mizambaev, A.B. Moldasheva, A.V. Naumov, K.A. Panko, S.B. Poznyshev, M.S. Fisherman, V.I .Seliverstov, F.R. Sundurov, B.K. Syzdyқ, A.B. Skakov, I.V. Sleptcov, V.M. Trubnikov, N.A. Tagantsev, B.K. Shnarbaev, D.A. Shestakov, I.J. Foinitsky , G.F. Khokhryakov, M.D. Shargorodskii; V.E. Southerner, D.S. Chukmaitov et al.
Normative the research base The Constitution of the Republic of Kazakhstan, international regulatory enactments ratified by the Parliament of the Republic of Kazakhstan, the Criminal Code and the Criminal Executive Code, the Labour Code, Laws of the Republic of Kazakhstan "On administrative supervision of persons released from prison", About the local government and self-government in the Republic of Kazakhstan "," On the prevention of crime "," On special social services "," of Population Employment ", Decrees of the President of the Republic of Kazakhstan having the force of law, by laws relating to the regulation of issues related to the provision of social and legal assistance to persons released from penal correction system institutions, probation work and the organization of the internal affairs organ.
The empirical base of the research comprise analytical materials on the state and general of recurrent criminality in the Republic of Kazakhstan for 10 years (2006-2016.), 148 criminal cases from the archives of the Karaganda regional court, 123 personal files of persons serving sentences, the results of the survey, conducted among 258 employees of the correctional system in Karaganda, Pavlodar, Almaty and East Kazakhstan regions, as well as the results of psychodiagnostic tests, conducted among 98 convicted persons.
Scientific novelty of the research determined that the prevention of recurrent criminality and conceptual bases legislation on social adaptation are analyzed for the first time in the framework of criminal, criminal executive legislation; development of author recommendations on optimization of the Criminal, Criminal-Executive Code and the Republic of Kazakhstan law "On administrative supervision of persons released from prison," About the local government and self-government in the Republic of Kazakhstan "in order to influence the increase of efficiency of work in this direction.
The theoretical significance of the research is determined by a complex solution of important social and legal problems and the ability to use the survey results to improve the criminal law, criminal executive law and criminology.
The practical significance of the research is shown in the fact that the conclusions and recommendations made on the basis of research materials can be used to improve the activity of the various actors on the prevention of recurrent criminality and improving post-penitentiary social adaptation, as well as in teaching criminal law, criminal executive law, criminology.
Testing and implementation of research results. The main results of the research, with theoretical and practical importance, were published in the 5 authors of articles published in collections of international scientific conferences, 4 articles published in journals recommended by the ministry of Education and Science and 1 article published in the international journal «Journal of Advanced Research in Law and Economics», included in the database Scopus company data having a rating SJR 2013: 0.110. In addition, the results discussed in the Parliament of the Republic of Kazakhstan and received a positive assessment, introduced in the educational process of the Faculty of distance learning Karaganda Academy of MIA RK behalf of B.Beysenova, and are used in the course of combat training and service personnel of the department of criminal police of the Ministry of Interior of the Republic of Kazakhstan, Department of Internal Affairs Pavlodar and institutions AK-159/25 Department penal correction system in Karaganda region.
The main provisions for the defense:
1. Pinned in the current criminal legislation recidivism signs are designed on the basis of formal criteria: 1) the basis for recidivism are not unchanging natural features; 2) legislative characterizing features of recidivism as a whole based on the political, ideological, formal grounds; 3) they are historical and formal changes depending on the subjective will of the legislator. This clearly shows the course and results of the legislative reforms related to recidivism;
2. The policy of tightening sanctions, detailed legislative regulation of the rules for determining the penalty for Relapse of crimes today has reached its peak and this is one of the clearest manifestations of the so-called "crisis" of criminal punishment. " Particular emphasis on Relapse of crimes excessively increases the "price" of crime, leads to a weakening of the economic, spiritual power of society. The present level of growth the "price" of crime determines the effectiveness of choice of optimal routes of exposure to crime, including recidivism;