ACTUAL QUESTIONS OF APPOINTMENT OF PUNISHMENT ON SET OF CRIMES

The article deals with theoretical and practical problems of applying the rules of sentencing for a set of crimes. Data on the state of crime in the Russian Federation indicate that some criminals commit several crimes. So, in 2018, 634 thousand (58.3 %) crimes investigated in our country were committed by persons with previous criminal records, in 2019 — 618 thousand, i. e. every second crime (58.7 %), as of September 2020 — more than 470 thousand (59.4 %) [1]. The existence of the institution of multiple crimes in Russian criminal law is due to the need to implement the principle of the inevitability of criminal responsibility for each crime committed, as well as to ensure social justice by providing additional legal justification for a more severe punishment imposed on a person who has committed several crimes. Often, when determining punishment for totality of crimes in practice, there are difficulties caused by lack clear legal regulation of the rules for sentencing in accordance with articles 69 and 71 of the criminal code of the Russian Federation. Existing gaps in legislation give rise not only to subjectivism, but also to discrepancies in judicial practice. The norms of the current criminal code of the Russian Federation in the framework of sentencing for a totality of crimes should be revised and more clearly constructed in order to comply with the principles of legality and fairness of the application of criminal law. The authors, on the base of the analysis of the problems that arise in judicial practice in sentencing, suggest some measures to improve the effectiveness of the application of norms containing rules for sentencing for a set of crimes.

sentencing, principles of sentencing, special rules for sentencing, set of crimes, absorption, full or partial addition, cumulative punishment, criminal law, additional punishment, criminal legislation.

Seregina E. V., Kagulian E. A., Margaryan N. M. Actual questions of appointment of punishment on set of crimes. Business. Education. Law, 2021, no. 1, pp. 239—243. DOI: 10.25683/VOLBI.2021.54.128.