Соmраrаtivе аnаlуsis оf thе сriminal law institution “Ехpulsion from the Republic of Kazakhstan of a foreigner or stateless person”

Abstract

The article illustrates problematic issues of regulation and practice of applying foreigner or stateless persons expulsion from the Republic of Kazakstan as a criminal pumshment type . The analysis of the features of regulation and the practice of applying such pumshment abroad and in Kazakhstan was carried out . The pur pose of the research is a comprehensive theory and practice analysis of the expulsion implementation as a criminal pumshment type. The research is carried out through general and special legal methods, analysis and generalization of the legal norms governing expulsion in the legislation of different countries, the comparative legal method allows us to indentify the mam trends m the legal institution development ‘‘expulsion of a foreigner or stateless person ” at the present time. The mam result of the research is the provision on the need to improve the institute ‘‘Expulsion of a foreigner or stateless person ” m the criminal law of the Republic of Kazakhstan . As conclusions, additions to the norms of the Criminal Code of the Republic of Kazakhstan are proposed aimed at improving the Criminal Code Article51, specifying the process of expulsion, as well as conditions list under which expulsion from the Republic of Kazakhstan is not assigned. It is proposed to sup plement the article with provisions on ‘‘indefimte expulsion from the Republic of Kazakhstan”.