Problems of regulation of the procedure for the application of compulsory measures of educational influence in the criminal legislation of the Republic of Kazakhstan

Abstract

The scientific article reflects the results of a study conducted by the authors. It was devoted to the assessment of the regulation of the procedure for the use of coercive measures of educational influence in the criminal legislation of the Republic of Kazakhstan. The main emphasis of the work is on the problematic aspects associated with the use of coercive measures of educational influence when being released from criminal liability. The authors concluded that the basis for exemption from criminal liability, which is accompanied by the use of coercive measures of educational influence, should be conditioned by the possibility of achieving correction of the person by these measures of influence. At the same time, the article substantiates the point of view that the use of coercive measures of educational influence, involving deprivation or restriction of rights and freedoms, within the framework of exemption from criminal liability should be excluded. In conclusion, recommendations are formulated to improve the domestic criminal legal framework of compulsory measures of educational influence.