Theoretical-practical issues of application of the institute of provisional-early liberation in kazakhstan in the conditions of diccriminalization of the criminal legislation

Abstract

In the present article the theoretical problems of parole are investigated. The purpose of this article is to investigate the problems of parole and the mechanism of application of this rule of criminal law. The study clarifies the conceptual framework and theoretical foundations of parole, studied the concept, the grounds for the use of parole. The problem of parole is a complex legal problem of modern Kazakhstan due to General and special political, socio-economic, spiritual, legal, criminal-legal, criminal-Executive law, criminal procedure and other factors. It also covers the related rules of criminal procedure, criminal
enforcement and other branches of legislation that provide for the legal regulation of this institution of
criminal law. Numerous studies have not yet produced a sufficiently accurate and complete picture of
the legal nature of parole. At the same time, the mechanism of application of parole remains unexplored.
The latter determines the novelty of the present study The proposed study contains scientifically based
provisions and conclusions about the theoretical basis of parole and this determines its scientific significance.
In addition, the main problems on the topic are identified and the main directions of their solution
are indicated, which determines its practical importance.
The methodological basis of the research is the scientific provisions of criminal law, criminal law on
the nature of punishment, the legal nature of exemption from punishment.
The legal analysis carried out by the author makes it possible to provide recommendations for the
definition of new mechanisms in the field of parole.
The results obtained in this article can be used in the educational process, for writing textbooks or
manuals and publishing articles on this subject.
Key words: punishment, release from punishment, parole, imprisonment, correction, convicted.