CRIMINAL LAW AND CRIMINAL PROCEDURE. INFORMATION LAW AND SECURITY

The Institution of Sentencing in the Criminal Legislation of the Republic of Kazakhstan: Theory and Practice

Abstract

The article provides a comprehensive analysis of the theoretical and practical aspects of the institution of sentencing in the criminal legislation of the Republic of Kazakhstan. The main objective of the study is to examine the structure of sentencing rules, including their general and special principles, as well as to identify problematic issues arising in judicial practice and the application of law. The study systematically considers the need to account for the primary purpose of punishment, its nature, the individual characteristics of the convicted person, the severity of the crime, and its level of social danger. Based on legal statistics and specific court cases, the article analyzes how offenses such as damage to public property, hooliganism, vandalism, and other violations are addressed in judicial practice. Historical, formal-logical, and comparative methods were employed, allowing the identification of the theoretical foundations of sentencing and highlighting similarities and differences between domestic and foreign practices. In conclusion, the institution of sentencing is recognized as a crucial legal mechanism ensuring fair and proportionate court decisions, reducing social danger, and contributing to the rehabilitation of offenders. The study emphasizes the interaction between legal theory and practice and provides recommendations for improving sentencing principles in criminal law enforcement.