Defense of the dissertation of Nuridin Sandugash for the degree of Doctor of Philosophy (PhD) in the specialty «8D04201 - Jurisprudence»

L.N. Gumilyov Eurasian National University, a dissertation defense for the degree of Doctor of Philosophy (PhD) by Nuridin Sandugash on the topic «Theoretical and Practical Aspects of Conditional Early Release from Serving a Sentence» to the educational program «8D04201 – Jurisprudence».

The dissertation was carried out at the «Criminal legal discipline education department» of L.N. Gumilyov Eurasian National University.

The language of defense is kazakh

Official reviewers:

Rakhimova Gakku Nurlanovna is a Senior Lecturer at the Department of Jurisprudence at the Institute of History and Law of the Abai Kazakh National Pedagogical University, Doctor (PhD) (Almaty, Republic of Kazakhstan).

Tleshaliev Nurlan Dauletkalovich - Head of the Department of Anti-Corruption Prevention of the Agency of the Republic of Kazakhstan for Civil Service Affairs in the City of Almaty, PhD (Almaty, Republic of Kazakhstan).

Temporary members of the Dissertation Committee:

Seliverstov Vyacheslav Ivanovich is a Doctor of Law, Professor at the Department of Criminal Law and Criminology at the Law Faculty of Lomonosov Moscow State University, and an Honored Scientist of the Russian Federation (Moscow, Russian Federation).

Sattar Mukanovich Rakhmetov- Chief Researcher at the Department of Criminal, Criminal Procedure, Penal Enforcement Legislation, and Forensic Expertise at the Institute of Legislation of the Republic of Kazakhstan (Astana, Republic of Kazakhstan)

Karazhanov Malik Dulatovich doctor of Philosophy (PhD), associate professor, Chief Inspector of the National Center for Human Rights (Astana, Republic of Kazakhstan)

Scientific advisors:

Ongarbayev Yerken Anuarovich

Bukalerova Lyudmila Alexandrovna

The defense will take place on July 17, 2026, at 10:00 AM in the Dissertation Council for the training direction «8D042 – Law» in the specialty «8D04201 – Jurisprudence» of L.N. Gumilyov Eurasian National University. The defense meeting is planned to be held online.

Link: https://clck.ru/3Rm8TB 

Address: г. Астана, ул. К. Сатпаева, 2, Главный корпус, ауд. №302.

Abstract (English): ANNOTATION To the dissertation research of Sandugash Nuridinqyzy Nuridin on the topic: "Theoretical and practical aspects of parole from serving a sentence" for obtaining the degree of Doctor of Philosophy (PhD) in the specialty 8D04201 –Jurisprudence The dissertation research examines theoretical and practical issues of the implementation of parole (early conditional release), evaluates the activities of law enforcement agencies and judicial practice in this field, and identifies problems caused by the specifics and peculiarities of its organization. Based on the analysis of the Constitution, normative legal acts and program documents of the country, as well as historical and international legal documents, scientific works of Kazakhstani and foreign researchers, empirical material, and a survey conducted using specially developed questionnaires of 1,788 employees of internal affairs bodies directly working with persons released on parole, 86 prosecutors and 28 judges, as well as 1,814 persons conditionally released from serving a sentence from various regions of the Republic, proposals were developed to increase the effectiveness of law enforcement activities of authorized bodies and improve normative legal acts in the field of parole. The object of the research is the social and legal relations arising in the process of law enforcement activities regarding persons released on parole. The subject of the research is the legal norms concerning early conditional release from serving a sentence and the practice of their application, as well as the problems of this institution. The aim of the research is a comprehensive analysis and disclosure of theoretical and practical aspects of parole based on the current normative legal acts in Kazakhstan, judicial practice, and the work of law enforcement agencies. The methodological basis of the research includes general scientific methods such as: dialectical, historical, system analysis, logical, comparison, generalization, and survey. The historical-legal method was used when considering the stages of formation of criminal legislation and other normative legal acts; the comparative legal method-in the study of foreign experience; logical methods, analysis and synthesis-in the study of the norms of the domestic legal system and scholarly positions on the topic under study. Methods of empirical observation and statistical methods were used in the disclosure of judicial and other law enforcement practices. The survey method was applied to conduct the questionnaire survey of the above-mentioned people. As a result of the work, the doctoral candidate, based on the analysis of current legislation and various opinions of legal scholars, provides a definition of "Early conditional release from serving a sentence" and proposes its inclusion in Article 3 of the Criminal Code of the Republic of Kazakhstan (CC RK), as well as substantiates the proposal of what should be understood as malicious failure to fulfill the obligations imposed on the parolee by the court. It is also proposed to make amendments and provide a new version of parts 1, 2, 7 and 8 of Article 72 of the CC RK, and, taking into account foreign experience, global practice and the opinions of scholars, as well as for the purpose of humanizing punishment and preventing juvenile offenses -to Articles 44, 81 and 86 of the CC RK. In addition, amendments to the Normative Resolution "On judicial practice of early conditional release from serving a sentence, substitution of the unserved part of the sentence with a more lenient type of punishment, and reduction of the term of the imposed punishment" No. 6 dated October 2, 2015, are substantiated, namely, the expediency of including the concept of "correction", and a number of other changes. The doctoral candidate expresses her position on many issues, including: within the framework of legality, validity and fairness of court decisions when resolving petitions for parole; the need to make adjustments to the Rules for the implementation of control over the behavior of persons released on parole; to exclude from the functions of district police inspectors the preventive control over citizens released from places of deprivation of liberty and registered with the probation service, leaving this prerogative only to the probation service -this will eliminate duplication of activities of both services and reduce the workload of district police inspectors; regarding the prevention of offenses and assistance to persons released on parole, especially minors, it is proposed to provide for measures to improve the activities of state, law enforcement agencies, including public organizations, with the involvement of volunteers and even youth; based on foreign practical experience, it is proposed that the national legislator consider the issue of applying a semi-freedom regime within the framework of re-adaptation for a period of 1 year, followed by the application of parole as a measure of criminal-legal preventive impact, as a saving measure of criminal repression and as a criminal-legal measure applied to juvenile convicts or as an alternative to parole. The obtained conclusions, proposals and recommendations can be used in the legislative process, in the practical activities of judicial and investigative bodies, as well as in further scientific research, including in the educational process in training programs for law enforcement activities and jurisprudence.

Dissertation

List of Scientific Works

Consultant's Review

Foreign Consultant's Review

Conclusion of the Research Ethics Committee