Granting of electoral rights to convicted: international experience and national legislation

Abstract

During preparation of scientific article the authors conducted a study on the restriction of the electoral rights of citizens convicted for crimes and being in places of deprivation of freedom as an actual and ambiguous constitutional and legal phenomenon. Accordingly, the purpose of the study is a comparative legal analysis of this phenomenon based on its socio-philosophical, theoretical and legal background, practical aspects from the point of view of international legal practice of restricting electoral rights of citizens convicted for crimes, as well as from the point of view of the implementation of this restriction in the national electoral system in modern Kazakhstan. The International Acts and Materials of the Conventions protecting human rights were examined. Constitutions of the near and far abroad countries are considered. On the example of European countries, the USA, China, Korea and others, various restrictions on the electoral rights of convicted and the progressive changes that have occurred recently in connection with the democratization of society and liberalization of the rights of convicted are shown. The special place in the article is devoted to the European Court of Human Rights, its ideology is revealed, and purpose of creation, competence and authority, as well as the possible consequences of non-compliance with European Court rulings are considered. Within the legal reform conducted by the humanization of society in the country authors proposed to add part 3. of article 104 of Penal Code of the Republic of Kazakhstan p. 5-1 by words that active suffrage is given to persons serving their sentences in lightened conditions in the minimum security institutions, which will be another step towards democratization of Kazakhstan legislation on persons convicted for crimes for a short time.