The individualization of punishment is largely formalized and axiomatically limited by the normative prescriptions of the General and Special parts of the Criminal Code of the Russian Federation. Meanwhile, when assigning punishment, judges always consider all the circumstances related to the commission of a crime and the identity of the perpetrator, not to mention consideration of public opinion, social and group victimization, and the fear of the population before criminal manifestations. Unlike in Russia, the foreign criminal justice system for a long time accepts the opinion of ordinary citizens on this matter, focusing on their fears of separate crimes. Sometimes, within the framework of this system, there is a manipulation of the individualization of punishment to demonstrate a preventive effect to society. Based on the above, this article is aimed at generating a discourse on the need to study and consider victimological information in the formation of criminal law policy in general and the individualization of punishment, in particular. The statistical and sociological research methods used in the study allowed obtaining and summarizing information on the indicators of the fear of residents of Gelendzhik and Novorossiysk (2017-2018) regarding ordinary crimes; reflecting the relationship between these data and the types of punishment imposed by the courts for the commission of theft, robbery, hooliganism. Systemic synthesis and analysis allowed identifying a number of patterns in this area, and justifying them. The novelty of the article is that it represents one of the few attempts to fill the gap in scientific knowledge about the mechanism of individualization of punishment as a tool of social protection, implemented through general and private prevention and requiring consideration of political-social and ethnocultural peculiarities. The results of the study allowed to articulate proposals for optimizing the activities of federal and regional coordinating councils for the prevention of offenses.
The article presents the results of a comparative legal analysis of the institute of pre-trial cooperation agreements in the criminal procedure legislation of foreign states. It is concluded that the specifics of the conclusion of this agreement and its subsequent implementation depend on the type of legal system and the nature of national criminal procedure legislation of each country. By its nature, the Russian institute of pre-trial cooperation agreement is similar to a number of conciliation procedures of the continental legal system, but it has distinctive features due to the peculiarities of domestic legislation.
The article discusses the features of the approach of the Russian legislator to the assessment of a rather debatable criminal law institution — administrative prejudice. His opposite assessments in the theory of criminal law, as well as the position of the Supreme Court of the Russian Federation, are analyzed. A detailed legal analysis of the elements of crimes constructed in Art. 264.1 and Art. 314.1 of the Criminal Code of the Russian Federation, and their author’s edition is proposed.
Introduction. The article is devoted to a comprehensive study of the conceptual foundations of the institution of the special rules for assigning punishment and the mechanism of the interaction of those punishments. Looked at through the prism of the signs of system formation, their essence and boundaries, their legal nature and the purposes of applying these rules are made clearly visible. This study also investigates the problems of the interaction of special rules for their appointment both among themselves as well as with other structural units of the institution of sentencing. Theoretical Basis. Methods. The methods were selected based on an understanding of the goals, objectives and the object of the research. The methodological basis of the work is a set of both general scientific and specific scientific methods of the cognition of social and legal phenomena. These are the analysis, synthesis, induction, deduction, system-structural, comparative-legal, historical-legal, and formal-legal methods. Results. The article is devoted to a comprehensive study of the conceptual foundations of the in- stitution of special sentencing rules. Their essence is revealed through the prism of system-form- ing features, their circle, content and legal nature, and the purpose of applying these rules are specified. The problems of interaction of special rules of appointment both among themselves and with other structural units of the institution of sentencing are also investigated. Discussion and Conclusion. On the basis of this study, the distinctive features of the special rules for the assignment of punishment are established, Using this, the author formulates a definition, according to which the special rules for the assignment of punishment are the rules provided for in the criminal and criminal procedure code of the Russian Federation, and which are applied by the court in the process of individualising the punishment to the guilty person. This needs to take take into account the understanding of the characteristics of the committed crime, the identity of the perpetrator and the specifics of the implemented form of criminal proceedings. Finally, a conclusion is made about the relative independence of the above rules, which is confirmed not only by their separate consolidation in the Criminal Code of the Russian Federation, but also by the presence of iinherent features which allow them to be distinguished from general principles, principles and other rules for assigning punishment. The ratio of general and special rules is due to the specifics of the application, the interaction of the named rules, and their influence on the choice of the punishment and their functional purpose.
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