Alternative measures to punishment in the form of imprisonment, as actual problems of criminal law

Abstract

In the present article questions of improvement of system of punishment by the criminal legislation of the Republic of Kazakhstan are considered. Authors of article as a result of the analysis comes to a conclusion that for improvement of system of punishment it is necessary to prescribe in the criminal law replacement punishments with intensive supervision, electronic monitoring and «aiyp»which was available in common criminal law of the Kazakhs who aren’t demanding isolation condemned from society. For ensuring validity of the stated offer ratios of «aiyp» and «mediation» institutes are considered and their limitor signs are defined: first, mediation isn’t punishment, «aiyp» admits punishment, secondly, on the subject of application «mediation» is applied by a mediator, «aiyp» is appointed judges, thirdly, at mediation of the party voluntary address to a mediator and agree with its decision, and at «aiyp» the perpetrator.