The main means of ensuring a sentence execution in the form of restriction of liberty

Currently, the Republic of Uzbekistan is actively implementing reforms of the penal legislation and the Penal system. Their main tendency is to abandon the previously dominant opinion about the possibility of reducing crime by toughening penalties and to choose a course for strengthening and developing legal norms that promote greater individualization and differentiation of criminal responsibility. However, we have to admit that the current system of punishments does not have measures that can achieve the goal of correcting convicted persons without elements of isolation from society, but under the supervision of competent law enforcement agencies. The relatively rare use of the restriction of liberty, in the author's opinion, is explained by the insufficient development of the mechanism for its implementation, in particular, the means of ensuring its execution. The execution of a sentence in the form of restriction of liberty is ensured by a whole system of means that are closely interrelated. Conditionally, such means can be divided into two main groups: control-supervisory and psychological-educational means. Based on the results of the study, the author comes to the following conclusions. The enforcing means of liberty restriction are designed to create a reliable legal guarantee of the implementation of the principle of punishment inevitability and the fullest possible realization of the goals of punishment. Currently, there is no practice in Uzbekistan of using electronic means of control and supervision of persons sentenced to restriction of liberty. At the same time, only the implementation of the electronic tracking tools specified in the legislation for the control and supervision of persons sentenced to restriction of liberty, the definition of a specific order and methods of surveillance can affect the development of positive experience in the use of electronic bracelets in the Republic of Uzbekistan. A special category of persons sentenced to restriction of liberty is juveniles. When conducting educational work with them, it is necessary to take into account the factors that affect their behavior. In this regard, it is proposed to create a public organization consisting of juveniles at the age of 14 to 18 years, located at the inspection of the sentences execution of the internal affairs bodies and conducting educational activities with juveniles sentenced to restriction of liberty.

Features of life-meaning orientations among convicts sentenced for different types of crimes

The article is devoted to the relationship between the type of crime for which the convicted person is serving a sentence, the level of education, the presence of socially useful connections, the age of the convicted person and the level of his life orientation, which includes such indicators as: the general indicator of the meaningfulness of life, goals in life, the process of life, the effectiveness of life, the locus of control – I, the locus of control – life. The attitude of convicts to such vital components as: health, family, future, self-realization in work was also studied. The study used the "Test of life-meaning orientations" by D. Crambo, A. Maholik in the adaptation of D. A. Leont'ev, and the color test of relations by A. M. Etkind. In order to study life-meaning orientations and preferences in different spheres of life, 93 convicts serving sentences for various crimes were examined. The results of the study of convicts’ personality characteristics can be used by correctional officers to identify problematic aspects in the development of convicts’ personality, develop programs aimed at solving these problems and develop the strengths of convicts’ personality.

Forms of professional training activation among cadets in the departmental higher educational institution of the Ministry of Internal Affairs of the Republic of Kazakhstan

The article is devoted to the issues of relevance of the educational process organization for the definition, use and application of various forms of education, their constant improvement and updating. The considered forms of training are aimed primarily at the formation of cadets in departmental universities of positive motivation and interest in the final result of mastering knowledge.

Analysis of progressivity, normality and responsibility principles in the progressive system of serving criminal sentences in the form of imprisonment

Ensuring the proper functioning of the progressive system of serving a criminal sentence in the form of deprivation of liberty is an urgent problem for the Republic of Moldova. The international recommendations in this area, as well as the practice of other states that apply the progressive system, in order to identify the most optimal solutions for its implementation are analyzed in the article. Special literature is studied, in which important studies is conducted on the role of sentences execution principles in achieving their goals. Recommendations for changing the existing regulatory framework are formulated. According to the results of the study, the author comes to the conclusion that although most of the principles reflected in the Penal Code of the Republic of Moldova are characteristic of a progressive system of serving sentences, their list is incomplete. International practice recognizes the important role of the principles of normality, responsibility and progressivity in a progressive system of serving a sentence of imprisonment. Therefore, in order to intensify the national correctional process and achieve more effective results in the execution of criminal penalties, it is necessary to expand the list of principles enshrined in the Penal Code of the Republic of Moldova and to create correctional mechanisms that correspond to their proper application.

The concept of probation and the implementation of probation control over persons with a suspended sentence in the Republic of Kazakhstan

The article is devoted to the issues related to the formation of the state probation service in the Republic of Kazakhstan and the legislative regulation of its activities. Possible prospects for the development of this service are outlined, taking into account foreign experience, and some aspects of improving the system of execution of non-custodial sentences are also studied. Probation is presented as criminal supervision (criminal guardianship). Based on the conducted research, the author comes to the conclusion that probation should be understood as a set of measures aimed at social rehabilitation and adaptation, protection of the legal rights and interests of persons who have been prosecuted and found themselves in the current difficult life situation, as well as control and supervision of their behavior. The essence of probation is that, along with serious restrictions on the daily living conditions of the offender, in case of violation of the order and conditions of serving a sentence without deprivation of liberty, probation period of a suspended sentence, they can be replaced by real imprisonment.

About places of serving a criminal sentence in the form of arrest

The article is devoted to issues related to the places of serving a criminal sentence in the form of arrest in the Republic of Belarus, the peculiarities of transferring convicted persons to arrest for further serving their sentences from one arrest house to another. Some suggestions are made regarding the circumstances that should be taken into account when distributing and transferring convicts to detention houses.

Theoretical analysis of approaches to the study of I-concept in the context of convicts’ correction

The relevance of the problem considered in the article is due to the need for effective implementation of convicts’ correction, the formation of their readiness to lead a law-abiding lifestyle after release, as well as a set of mental properties that determine the subjective need for lawful behavior in the main spheres of life. These goals can be achieved through the implementation of psychological support for correctional work with convicts. Psychological analysis of the reasons for committing crimes, current trends, scope and specifics of psychological work with persons serving sentences in correctional institutions requires studying the features of their "I-concept". The theoretical studies of the concept of "I-concept" in psychological science are analyzed, approaches to the relationship of I-concept with the concepts of "self-consciousness", "I-image", "self-esteem", "self-knowledge" are considered in the article. The author's definition of the concept of "I-concept" is presented: this is a complex holistic model in the relationship of all its structural elements in the context of their meaning and role to explain the significant psychological processes that occur with convicts at various stages of serving a sentence, and to determine the directions of an adequate differentiated psychocorrectional impact on convicts who have committed various crimes.

Problems of penalty execution in the form of deprivation of the right to free movement in Mongolia

Mongolia's criminal policy after the legal reform is focused on the use of non-custodial criminal penalties. For this reason, there is a problem of understanding the social and legal content of these types of punishment. The analysis of the current criminal legislation and the practice of sentencing allowed the authors to draw certain conclusions about the problems of application and execution of punishment in the form of restrictions on the right to free movement.

Reformation issues of the Penal system in the Republic of Kazakhstan

The article is devoted to the experience of the Republic of Kazakhstan in reforming the penal system by transferring it from the law enforcement to the civil block. Taking into account the world experience, the transfer of the penal system to a non-law enforcement structure, including one based on public-private partnership, seemed to be the most promising direction of the planned reform to humanize the domestic penal legislation. The main idea was that a Civil Agency, not associated with the tasks of protecting public order and fighting crime, will be able to ensure the planned implementation of the state policy on reforming the penal system. In 2002, correctional facilities were fully transferred to the Ministry of Justice of the Republic of Kazakhstan. But the events that took place further (a number of armed escapes with human victims) actually showed that the Ministry of Justice of the Republic of Kazakhstan did not cope with the task assigned to it, and the goal of reforming the penitentiary system was not achieved. By decree of the President of the Republic of Kazakhstan (adopted on 26.07.2011) “On the penitentiary system”, the penal system was again transferred to the Ministry of Internal Affairs of the Republic of Kazakhstan. Today, the penal system in Kazakhstan actually operates autonomously in the system of the Ministry of Internal Affairs, not subordinate to other services and departments. At the same time, according to the author, the transfer of the penal system to a Civil Agency will make it possible to increase the openness of this institution. In addition, this step will provide access to the real situation of human rights in places of detention for the public and supervisory authorities. However, domestic and foreign experience shows that the transfer of the penal system to civil departments, its isolation as a separate body does not guarantee its deep humanization and effective system reforms. Being inside the civil department, it actually continues to work on previously established practices, limiting it with cosmetic changes. Therefore, if the purpose of transferring the penal system or its divisions to other bodies is to comply with international standards and reduce criticism of human rights organizations, then this should not be done without a high-quality study. Based on the research, the author comes to the conclusion that in order to implement reforms in the penal system of the Republic of Kazakhstan, it is necessary to: 1) to develop a single comprehensive scientific and practical approach when reforming the penal system; 2) to conduct a qualitative study of the risks that may be associated with decisions taken within the framework of the reform; 3) implementation of foreign and international experience should be carried out only taking into account the specifics of national legislation and the structure of the state’s law enforcement system.

The need to switch to a new model of sentences execution in the Republic of Kazakhstan as a modern requirement

Currently, the system of sentences execution in the Republic of Kazakhstan does not correspond to the realities of modern times and needs to be reformed. This fact is confirmed by penitentiary practitioners and scientists. The system of punishment execution does not provide for the correction of convicts and their subsequent resocialization. Instead, it has become a punitive tool for those who are punished for criminal offenses. As a result, instead of returning a person to society, which is the goal of criminal, penal legislation and justice, the system of punishment execution, on the contrary, alienates convicts, turning them into outcasts and eternal “enemies” of justice. At the same time, significant amounts of money are allocated from the state budget for the implementation of these negative functions. According to prisoners serving sentences, and especially the former prisoners, the penal system continues to be punitive, harsh, and sometimes violent in nature. Instead of the creation, education of prisoners, it carries out the function of providing a strict isolation of convicts, making it impossible to maintain contact with the outside world and breaking all contact with the past life, thus creating new social problems, which the state has to solve. The crisis in the penal system is compounded by the negative assessment of the entire system of punishment execution by civil society. In the article, the author examines the existing problems in the system of punishment execution in the Republic of Kazakhstan and justifies the need to switch to a new model of punishment execution. The author offers an approximate model of the new system of punishment execution. Specific proposals are formulated to improve the legal and organizational issues of the system of punishment execution.