A Critical Analysis of the General Principles of Sentencing under the Criminal Law Doctrine and Their Application by the Supreme Court of the Russian Federation

Abstract

This article highlights the need to enhance the procedures for determining guilt through criminal law. The study is based on a careful analysis of the legal standards laid down in the Criminal Code of the Russian Federation and key academic sources of the Russian criminal law. Potential solutions were offered to address the contentious matters within the criminal law doctrine. According to the obtained results, when the Plenum of the Supreme Court of the Russian Federation voices its stance on a number of issues regarding sentencing, it occasionally surpasses its powers conferred by the Constitution of the Russian Federation. It was established that the general principles of sentencing are such regulations that apply to all types of offenses, regardless of the type, nature, or gravity of the crime committed. The scope of these regulations extends beyond Article 60 of the Criminal Code of the Russian Federation and specifies its provisions. Another batch of standards includes regulations governing the rules and procedures for imposing certain types of penalties, as well as their specificity for certain criminal behaviors.