ISSUES OF IMPROVING ADDITIONAL PENALTIES IN THE CRIMINAL LAW OF THE REPUBLIC OF KAZAKHSTAN

Abstract

The article discusses important issues related to the system of additional punishments under article 40 of the Criminal Code of the Republic of Kazakhstan. In this regard, parts 1, 2 and 3 of article 40 provide for basic and additional penalties, as well as additional penalties for committing a criminal offense. The distribution of such punishments is assessed as the most important achievement of Kazakhstan's criminal policy and increases the chances of their effective use. In accordance with the current legislation, the court may impose confiscation of property for criminal offenses and crimes, deprivation of the right to hold certain positions, as well as various other punishments. But in the current legislation, there are no restrictions on the use of additional punishments by the court. It is proposed to amend article 40 of the Criminal Code of the Republic of Kazakhstan, which will allow courts to apply additional penalties more widely. Criminal law provides for additional penalties. It is also necessary to clarify the list of punishments for minors, as there are no clear provisions on this issue in the current law. Given some gaps in the criminal law, the issue of the difficulty of proving the acquisition of property by criminal means is also being considered.