To the issue of the concept of general principles of imposition of sentence

Abstract

An attempt is made to investigate scientific approaches to the concept of general principles of sentencing. Although the general principles of sentencing are directly provided for in the Criminal Code of Ukraine in the article with the appropriate title, there are still some differences as to which provisions of this article apply to them. There are several points of view on this. According to the first - the general principles of sentencing are contained only in Part 1 of Art. 65 of the Criminal Code of Ukraine, which provides for five separate general principles: 1) sentencing within the limits established by the sanctions of the article (sanctions of part of the article) of the Special Part of the Criminal Code, which provides for liability for a criminal offense, except as provided in part two 53 of the Criminal Code; 2) sentencing in accordance with the provisions of the General Part of the Criminal Code; 3) imposition of punishment taking into account the severity of the criminal offense; 4) sentencing, taking into account the identity of the perpetrator; 5) sentencing, taking into account mitigating and aggravating circumstances. According to the second point of view, the general principles of sentencing are contained only in Part 1 of Art. 65 of the Criminal Code of Ukraine, which provides for three general principles, ie the imposition of punishment taking into account the severity of the criminal offense, the perpetrator and mitigating and aggravating circumstances, is considered one general principle. It is concluded that the general principles of sentencing should be understood as a holistic system of general rules, which together must be guided by the court in each case of choosing the type and measure of punishment for a person guilty of a criminal offense.