The legal basis for the execution of imprisonment sentences and the reduction of the number of convicted persons in the penal institutions of Kazakhstan

Abstract

In the Concept for the Execution of Sentences of the Republic of Kazakhstan, imprisonment is defined as the
most frequently applied form of criminal punishment. This type of punishment serves both as a means of en
suring public security and protecting human rights from criminal encroachments, and as a legal mechanism
aimed at preventing violations of the rights of convicted persons. The purpose of this article is to analyze the
regulatory framework governing the improvement of institutions responsible for executing sentences of im
prisonment in Kazakhstan, as well as to assess the possibilities for reducing the workload of penal enforce
ment bodies in order to enhance the legal status of persons serving sentences. Systemic and structural meth
ods were applied to examine the state’s position and the foundations of human rights protection in this field.
Statistical and legal methods were used to analyze official data on the number of persons sentenced to impris
onment and the occupancy rates of penitentiary institutions. A comparative legal analysis was conducted
based on the legislation of several foreign countries, including Turkey and Germany. The study concludes
that overcrowding and inadequate conditions of detention negatively affect the effectiveness of imprisonment
and create systemic problems in the functioning of the penitentiary system.