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Retribution and the Purposes of Punishment According to the Penal Legislation of Republic of Kazakhstan and Republic of Ukraine

NCJ Number
237746
Journal
Internal Security Volume: 2 Issue: 1 Dated: 2010 Pages: 91-96
Author(s)
Alija Baiseitova
Date Published
2010
Length
6 pages
Annotation
This article examines the connection between punishment for committed crimes and the purposes of such punishment as mandated by government legislation in the countries of Kazakhstan and Ukraine.
Abstract
The article analyzes the matter of correlation between retribution and purposes of penal punishment due to penal legislation of Kazakhstan and Ukraine. The moot point of defining retribution as a purpose or a feature of punishment is discussed. A comparative description of the problem is presented on the basis of legislation of the republic of Kazakhstan and the Republic of Ukraine. Purposes of punishment are considered to belong to backbone characteristics that determine the structure and tendency of many a legal institution, influence the application of many norms, e.g. imposition of punishment or release of sentence. Purposes of punishment are defined by the penal policy of the state - formation of certain purposes shows what result the state wishes to achieve by applying penal punishment for committed crimes. The matter of purposes is closely connected with the problem of effectiveness of penal punishment as well as penal law in general. Therefore, purposes of punishment were paid so much attention both in law theory and in legislative practice. (Published Abstract)