Circumstances Mitigating Punishment in the Russian Criminal Law

Abstract

The research is aimed at solving the conceptual problems of legal regulation of the general principles of the imposition of punishment with due consideration of circumstances mitigating punishment. Circumstances mitigating punishment are formalized in Article 62 of the Criminal Code of the Russian Federation, which is called “The imposition of punishment in the presence of the mitigating circumstances”, and in point of fact is an institute promoting the positive post-crime behavior. This Article describes the institute of mitigating circumstances in general; it was examined from the perspective of formal logic - the definition of concepts that serve as its constituent elements is provided, the nature and the essence of this institute have been identified. The methodological basis of the research is composed of: philosophical (universal) methods (metaphysical and dialectical); general scientific methods (observation, comparison, description, deduction, induction, analysis, synthesis, abstraction, generalization, idealization, analogy, modeling, system approach, structured functional, postulatory and other methods); specific scientific methods (statistical, historical, specific sociological, etc.); private-law (strictly legal) methods (technical and comparative legal). This Article contains the analysis of the institute of mitigation of punishment, its concept and its functions, the classification of circumstances mitigating punishment has been presented. The authors have analyzed the circumstances mitigating punishment, are formalized in the General Part of the Criminal Code of the Russian Federation, their correlation with privileged circumstances.