Deprivation of citizenship as a new view criminal punishment

Abstract

In 2017, the system of criminal penalties in the Republic of Kazakhstan was supplemented by a new type of additional punishment: deprivation of citizenship. The introduction of this criminal punishment is stipulated in the sanctions of a number of articles establishing liability for the commission of terrorist crimes. These changes in criminal law were the result of constitutional innovations. The right to citizenship has always been considered as the basis of the legal status of a person and a citizen. Accordingly, the possibility of depriving citizenship of a certain type of crime was first secured at the constitutional level. The author considers the issues of validity of these new legislative changes. The main questions to which the researcher wants to find answers: What will be the consequences of applying this type of punishment? How far would the application of such punishment correspond to the principles of fairness and expediency? The author points out that in the prevention of terrorism and extremism, the state should give priority to preventive measures. The main method must be persuasion, not coercion. Understanding in today’s reality the reality of terrorist threats, the author recognizes the need to deprive citizenship as a criminal punishment. At the same time, it is concluded that it is necessary to establish such punishment only in some formulations of especially serious crimes.
Key words: criminal punishment, system of punishments, basic and additional punishments, citizenship, deprivation of citizenship.