The role of public monitoring commissions in the observance of the rights and legitimate interests of convicts and ways to improve the effectiveness of their activities

Abstract

The article examines the development of the Institute of the Public Monitoring Commission (PMC) in Kazakhstan as one of the forms of public participation in the observance of the rule of law in correctional institutions and emerging problems in their activities. The history of this institution of public control shows that from the first years of its existence in pre-revolutionary Russia, this form of participation of representatives of society in the activities of correctional institutions has proved its effectiveness in protecting the interests of prisoners. During the years of Stalin's repressions, for obvious reasons, the work of these public formations was curtailed. In the context of reforming the state-legal system in order to increase public confidence in the institutions of power, the role and importance of the PMC increases significantly. Unfortunately, there are very few special works devoted to the activities of the ONC, if not to say that there are none in Kazakhstan at all. The ONC is mentioned in the works devoted in general to penal enforcement law, and in the comments to them. Despite the fact that in recent years there has been a trend of close cooperation between the state and civil society structures, the practice of modern PMC activities indicates that there are still problems associated with the formation of its composition, their provision of legal assistance to convicts and a number of restrictions on their activities in the exercise of their functions. In the proposed work, in connection with the identified problems in the work of the ONC, proposals are made for amendments and additions to the legislation to improve the effective activities of this body of civil society.