Despite the world trends in human rights protection, the fight of the international community for these rights, a number of adopted international instruments for basic human rights protection and restoration, there is still such inhumane phenomenon as a death penalty. It is common in certain states such as the People's Republic of China (PRC), the Islamic Republic of Pakistan, the Kingdom of Saudi Arabia (KSA), the Islamic Republic of Iran etc. Death penalty is still provided by law in the Republic of Kazakhstan, the Russian Federation, the Republic of Tajikistan. However, it is not used in practice. This article provides international experience analysis in death penalty and in the fight against this phenomenon, as well as an analysis of the Criminal Legislation of the Republic of Kazakhstan with regard to death penalty as a criminal sanction. International instrument analysis for fight against death penalty and its effects has revealed certain aspects of combating this phenomenon. We have determined its application consequences and developed certain guidelines based on experience analysis of states that are still practicing death penalty. We have conducted a doctrinal expediency analysis of death penalty consolidation in modern countries. We have paid attention to international factor that has a significant impact on death penalty elimination as an acceptable form of punishment, as well as on state policy formation of the Republic of Kazakhstan on death penalty limitation and moratorium. We have compared the Criminal Legislation of the Republic of Kazakhstan and the Criminal Legislation of the post-Soviet states on infliction of death penalty and execution. We have focused on controversial sanction aspects of the Criminal Code of the Republic of Kazakhstan, providing punishment in the form of death penalty. We have provided a redlined version of the Criminal Code of the Republic of Kazakhstan, in order to eliminate gaps related to death penalty in the criminal law governing high crimes.

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