СОГЛАСОВАНИЕ СУДОМ ПРАВОВЫХ ПРЕДПИСАНИЙ, РЕАЛИЗУЮЩИХ МЕХАНИЗМ НАЗНАЧЕНИЯ НАКАЗАНИЯ, И ПРЕДУСМОТРЕННЫХ ИМИ КАРАТЕЛЬНЫХ И ИНЫХ ИСПРАВИТЕЛЬНЫХ МЕР

Abstract

When determining the punishment, a court considers all the features of the mechanism of its infliction, as well as the semantic content of the rights and obligations of the court enshrined in the law. This requires the coordination of all its actions, including a detailed logical consistency of all links in the thinking activity of the court members. The consistency of legal prescriptions governing the infliction of punishment is often achieved, first, by the preliminary identification of the relationship between criminological and other grounds for enshrining them in the law and, second, by the determination of their corelation and subsequent legal expression in the parameters of the inflicted penalty. The coordinated approval of these legal prescriptions is also ensured when the court fulfils the requirement to consider the peculiarities of various types of criminal behaviour, the personality of the perpetrator, for example, in case of unfinished crimes, crimes committed on their aggregate, the totality of sentences, recidivism of crimes, etc when determining the type and size of the penalty. The coordinated approval of legal prescriptions in them is also determined mainly by the interconnection and interdependence of their social foundations. The coordinated approval of legal prescriptions and the punitive and other corrective measures provided by them is the requirement of the criminal law rules to consider while inflicting the penalty the size and type of the penalty and the co-relation of punitive and other corrective measures which can facilitate the achievement of such purposes of penalty as restoration of social justice, correction of convicts and prevention of new crimes. The harmonization of punitive and other remedial measures carried out by the court when inflicting the penalty is its activity aimed at maximizing their effectiveness by ensuring the fullest possible coordination of these measures among themselves, as well as with the personal characteristics of the convict. The specifics of the coordinated approval of legal prescriptions and the punitive and other corrective measures provided for by them imply several approvals. First, the coordination of legal prescriptions, considering the social concerns about the correspondence of punishment to the severity of the crime, its mitigation and strengthening, and second, the coordination of punitive and other corrective measures regulated by legal prescriptions, by harmonizing the semantic content and logical connection of the structural elements of the inflicted penalty.