ASTANA. August 20. KAZINFORM /Muratbek Makulbekov/ 'We have a lot of work to do on reforming law-enforcement system. Unfortunately, today we can see the flaws of the system that were caused by inefficient management, misuse of functions of the law-enforcement bodies, lack of adequate staff management and lack of transparency and control of the activity 

of the law-enforcement system of the country', as it was said in the Address of President Nursultan Nazarbayev  New Decade - New Economic Growth - New Opportunities for Kazakhstan.
The Head of the State signed a Decree 'On Measures to improve law-enforcement and judicial systems in Kazakhstan' for solving these problems. In accordance with the Decree significant changes are to take place in the work of the Ministry of Justice. Vice Minister of Justice Amirkhan Amanbayev told the correspondent of Kazinform about the tasks the Ministry has to face after the reforms.

Mr. Amanbaev, one of the measures called to improve the law-enforcement and judicial systems in our country is transferring some functions of several departments to the Ministry of Justice. In particular, these are the functions on execution of administrative arrest, execution of court decisions. Is your Ministry ready for carrying these functions out?

Yes, within the realization of the Decree of the President the Government has to develop a system of measures on phasing transferring of functions of the Ministry of Internal Affairs to the Ministry of Justice of Kazakhstan. These functions are execution of administrative penalty in the form of administrative detention in special places and ensuring their proper functioning.

The Ministry of Justice is ready to carry these functions out. The issue on phasing transferring of functions on the execution of administrative penalty in the form of administrative detention from the Ministry of Internal Affairs to the Ministry of Justice should be considered properly altogether. First of all a working group will be established that is to include specialists from both Ministries. They will have to analyze the problem basing on world experience and develop special recommendations and then taking these recommendations into account this issue is to be solved. It is a complex measure and long time is required for accomplishing.

The President put a certain task for you on adjusting the legislation in accordance with the Decree. What amendments does the Ministry of Justice have to develop?

According to the Decree, we have to develop amendments to several legislative acts and submit them for the consideration of the Majilis by the yearend. Thus, it is planned to develop about 11 draft laws and amend 10 bills. The Ministry of Justice will develop two bills and amend three ones.

In particular, the Ministry of Justice will develop the bills directed on transferring the functions of organization of ex-convicts' social adaptation and rehabilitation to the local executive bodies; bringing the current legislation into compliance with the UN Convention against Torture adopted December 10, 1984. Besides, we will develop a bill, according to which committing crimes by law-enforcement officers and judges with malversation will be recognized as an aggravating circumstance. These bills also provide for elimination of the fact of unreasonable interfere of law-enforcement bodies into the activity of business entities through reduction of the number of state bodies having right to inspect the business entities.

When will you start working on the bills?

Being the coordinator of legislative activity, the Ministry of Justice plans to hold a session of the Government's Interdepartmental Commission for Law-making activity which will focus on consideration of the corresponding concepts of the bills.

What do you expect from further mitigation of criminal policy?

This is a very good question. We expect one result only - reduction in the number of prison population. And one of the means of decreasing their number is reduction of the duration of stay in prisons and decriminalization of the crimes of little and medium gravities.

The most important thing is that realization of this measure will not requite any financial expenses. I would like also to note that not all sentenced persons who have committed economic crimes and crimes against property compensate all damages to the victims. On the contrary, the state spends huge budgetary funds for keeping them in confinement.

Incarceration is one of the severest forms of criminal punishment and while serving a sentence of imprisonment the convicts are isolated from other people. As practice shows, long duration of staying in prisons is not a suitable way of achieving the goals set. In our opinion, one of the mechanisms of decriminalization of punishment is reduction in terms of incarceration, primarily, in relation to the persons who commit the crime of little and medium gravity for the first time.

Thank you for the interview!