THE SYSTEM OF PRINCIPLES OF PENAL LAW: PROBLEMS OF ENSURING THEIR OBSERVANCE (ACCORDING TO THE LEGISLATION OF THE REPUBLIC OF KAZAKHSTAN)

The penal legislation of the Republic of Kazakhstan, based on the Constitution of the country and generally recognized principles and norms of international law, contains an independent norm with the exhaustive list of principles focused exclusively on achieving aims and tasks related to the execution of court-ordered criminal punishments. However, none of the principles is supported by any security norms, which in legal theory and practice are called safeguards. The penal and correctional system is quite a problematic area for any country, which is associated with many peculiarities in the observance of the rights and legitimate interests of convicts. The lack of legally established guarantees in this part is an area of risk, consisting in uncontrolled violation of the law by the administrations of institutions executing punishment.