Special Rules for Imposing Punishment: Conceptual Framework and Problems of Interaction

Abstract

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.