INFLICTING PENALTY FOR UNCOMPLETED CRIME

Abstract

In this article, the author analyzed the principles of sentencing, their meaning, correlation, and give a conclusion that the general principles of sentencing for a crime (Article 54 of the Criminal Code) and the principles of sentencing are different, in turn, independent categories that are interconnected with each other. The author analyzed the principles of sentencing: such as legality, individualization of criminal liability, differentiation of criminal liability and punishment, justice. Using the examples of judicial practice, studied the criminal law significance of these principles, their role and features in sentencing. The author also analyzed the experience of foreign countries, studied the concept of the principles of sentencing in the criminal legislation of the CIS member states. The author describes in detail the general and special types of the principle of individualization of punishment. In addition, the types of uncompleted crimes are analyzed; the principles of punishment for preparing for a crime and attempted crime are described. The circumstances that must be taken into account when sentencing for an uncompleted crime are considered in detail. As a result of the study, proposals were developed to improve the theory of criminal law and judicial practice.