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THEORETICAL ANALYSIS OF THE GENERAL FOUNDATIONS OF SENTENCING

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This article notes that the appointment of punishment is the final stage of the crime committed, which can only be distinguished by the differences between the parties involved in this… Click to show full abstract

This article notes that the appointment of punishment is the final stage of the crime committed, which can only be distinguished by the differences between the parties involved in this process. Also, issues related to the general foundations of the imposition of punishment are indicated on the basis of examples from the works of our ancient national scientists. Particular attention was paid to examples of the appointment of only one punishment for a crime committed in matters related to the appointment of punishment, and it was noted that in accordance with the provisions of criminal law, each crime is obliged to require the application of only one basic punishment, the special resolution of this issue does not coincide with the principles. In addition, this article analyzes the general foundations of the imposition of punishment, and the theoretical views of foreign and national scientists on the circumstances to be taken into account in it. It is emphasized that the general basis for the appointment of punishment is the requirements of criminal law, which must be taken into account when applying coercive measures by the court. This article states the need to improve the norms of the general principles of sentencing, as evidenced by the materials of judicial practice and the need for a theoretical analysis of the general principles of sentencing today and the improvement of the norms of criminal law.

Keywords: theoretical analysis; punishment; appointment punishment; analysis general; general foundations

Journal Title: Jurisprudence
Year Published: 2022

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