A deep systemic crisis is observed in the legal system of the Republic of Kazakhstan, caused by the blurring of the material and legal boundary between administrative offenses and criminal misdemeanors. This imbalance generates procedural paralysis of investigative bodies, deforms criminal statistics, and violates basic principles of justice when administrative sanctions de facto multiply exceed criminal ones. A comprehensive scientific and practical analysis of the problems of differentiating administrative and criminal delicts in police activities, identifying the determinants of the procedural collapse, and developing fundamental recommendations for optimizing the architecture of public liability. The research utilizes dialectical, formal-legal, comparative-legal, and statistical tools. Mathematical modeling of the "punitive equivalent" of sanctions was conducted, and the relevant empirical data of the law enforcement agencies of the Pavlodar region for 2024 were analyzed. A deep theoretical and legal dissonance in the interpretation of the category of "public danger" has been established. It is proven that 27 % of administrative offenses are equal to or exceed criminal misdemeanors in terms of the severity of punishment. High latency of crime and artificial transformation of police statistics due to the redundancy of the criminal procedural form of investigating minor acts have been identified. The critical need for a doctrinal revision of legislation is substantiated: strict synchronization of sanctions of the Administrative Offenses Code and the Criminal Code of the Republic of Kazakhstan with the introduction of genuinely simplified proceedings, or the complete abolition of the category of "criminal misdemeanor" with a return to the binary system and the implementation of the institution of administrative prejudice following the example of adjacent legal systems.
Open article
Annotation:
Year of release:
2026
Number of the journal:
2(102)
Heading: Law
English
Русский
Қазақ