CRIMINAL LAW REGULATION OF ACCOUNTING CIRCUMSTANCES MITIGATING PUNISHMENT

Task Challenge the relevance of the work derives from the fact that criminal-law regulatory issues of accounting of mitigating circumstances in sentencing are important in improving governmental responses to dangerous the acts referred to in current russian criminal law as a crime, for the protection of the rights and freedoms of the individual, property, public order, public safety, environment from criminal assault and their prevention. In the work are disclosed having a high level of scientific and practical significance of regulatory problems in the criminal law of accounting extenuating circumstances through the prism of the implementation of the provisions describing the content of the principles of justice and humanism. Based on analysis of problems designed and formulated legislative proposals to improve the art. 62 of the Criminal code, with focus on the specification of accounting rules extenuating circumstances. Conclusions The importance to ensure fairness of punishment is the maximum possible full inclusive account of extenuating circumstances. In the work of the proposal to amend the art. 62 of the Criminal code to include a provision according to which in the presence of mitigating circumstances provided for any item listed in h 1 art. 61 of the Criminal code, or other circumstances not covered by this provision, but accounted court as mitigating circumstances, and in the absence of aggravating circumstances or the size of the punishment may not exceed the maximum period or size 2/3 most strict punishment provided for in the criminal law rule on liability for the committed offence. Practical value Implementation in legislative activities contained in the work proposals for the improvement of criminal legislation would promote uniform jurisprudence, minimize the appeal judicial decisions in connection with the presence of mitigating circumstances not accounted or not fully accounted for sentencing purposes. In addition, the developed legislative nature proposals are oriented at improving the effectiveness of correctional treatment more equitable and humane punishment on the consciousness of man.

уголовный закон, наказание, смягчающие обстоятельства, учёт смягчающих обстоятельств при назначении наказания