On the issue of the specifics of the legal nature, content and significance of circumstances that mitigate the criminal punishment of circumstances

Filimonov Andrey Anatolievich, Filimonov Ivan Anatolyevich

The article is devoted to one of the most important institutes of criminal and legal science, namely the institution of circumstances that mitigate criminal punishment. The authors analyzed the legal norms and domestic criminal legislation, as well as law enforcement practice in this area. Questions were considered regarding the interpretation of circumstances that mitigate criminal punishment, as well as the problematic issues of the imposition of punishment by the courts. In the course of the study, a formal logical method was used, a system analysis of the norms of Russian legislation, comparative jurisprudence. The authors come to the conclusion that it is necessary to legislatively consolidate the concept of circumstances that mitigate punishment, as well as the need to legislatively expand their list. At the same time, the system of mitigating circumstances determines a number of problematic issues, taking into account the presence of exceptional circumstances in it. As such circumstances, first of all, one should consider the circumstances characterizing the person and his behavior during the commission of the crime.

Keywords:circumstances that mitigate criminal punishment, the appointment of punishment, criminal responsibility, the identity of the offender.