CRIMINAL LAW AND CRIMINAL PROCEDURE

Features of serving a sentence in the form of imprisonment with cell conditions of detention

Abstract

The article is presented within the framework of the competition for grant funding for scientific and (or) scientific and technical projects for 2024-2026 (MNVO RK) "IRN: AP23485634 Modern transformation of the Kazakhstan penitentiary system through the mechanism of public-private partnership". The article examines the features of serving a sentence in the form of imprisonment with the detention of convicts in cell conditions in accordance with the criminal-executive legislation of the Republic of Kazakhstan as part of the further transformation of the Kazakh penitentiary system. An analysis of the specifics of serving a sentence is provided. The purpose of the study was to identify the legal nature of cell isolation, determine the grounds for its application, and assess its significance in ensuring security and safety in penitentiary institutions. The methodological basis consists of a normative analysis of the provisions of the Criminal-Executive Code of the Republic of Kazakhstan, a historical and legal analysis of the development of cell-based conditions, and a comparative study of foreign penitentiary experience (USA and European countries). The article draws attention to the prerequisites for the introduction of cell-based conditions, characterizes the placement of convicts, their detention regime, and control mechanisms, taking into account that the introduction of elements of the cell-based model is due to the need to neutralize the negative impact of certain categories of convicts and ensure differentiation of the regime.