The Law Enforcement Academy published a monograph devoted to the development of scientific and legal approaches to the differentiation of crimes, misdemeanors and administrative offenses.
The book offers a new classification of offenses based on foreign experience, expert interviews and discussions by the scientific community. To compare administrative and criminal sanctions, the authors proposed their own system for assessing public danger.
In addition, scientists of the Academy for the first time made an attempt to regroup the elements of crimes based on constitutional values.
Thus, according to the current legislation, offenses of the same generic group (the right to life, the right to personal freedom, etc.) differ significantly in the amount of punishment.
The study also found that criminal misdemeanors introduced five years ago were not integrated into law enforcement practice. Most often, this is due to the ineffectiveness of the Protocol form, the inability to bring to justice for attempted misconduct, and the lack of conditions for the execution of criminal penalties in the form of arrest.
These nuances were pointed out by almost all interested government agencies and scientists.
As part of the solution of these problems, the transfer of misdemeanors to the Administrative Code does not exclude theoretical shortcomings, blurring the subject of regulation of administrative and tort law.
The main conclusions and proposals of the study were discussed at the last Criminological forum with the participation of representatives of the Presidential Administration, the Parliament, the Supreme court and leading Kazakhstani scientists. Based on its results, a collection has been prepared.
The publication is of interest to students, scientists and practicing lawyers. The contents of the monograph can be found here. The full text of the collection of the Criminological forum is available on our website.