Differentiation of criminal responsibility: moral foundations

Introduction: the article is devoted to the problem of the moral foundations of differentiation of criminal responsibility, which is quite relevant at the present time. Today there is a serious transformation of public relations, a change of priority values in society, in connection with which the appeal to the moral foundations of the differentiation of criminal responsibility acquires increased relevance and significance, and the timeliness of consideration of the designated topic is beyond doubt. In the article, the author refers to such principles of criminal law as humanism and justice, which are directly related to the moral foundations of differentiation of criminal responsibility, provides examples of law enforcement practice reflecting the degree of implementation of these principles in the process of individualization of punishment. Materials and Methods: in the study of the moral foundations of the differentiation of criminal responsibility, general and special methods of scientific cognition of social reality were used. The combination of historical, logical-legal, comparative-legal methods, a systematic approach and private scientific methods allowed us to obtain reasonable and reliable conclusions regarding the moral foundations of the differentiation of criminal responsibility. The Results of the Study: conclusions are formulated about the need to appeal to the moral foundations and principles of criminal law in the implementation of differentiation of criminal responsibility, which is an essential condition for the observance of human and civil rights and freedoms. The moral foundations of the differentiation of criminal responsibility are reflected in the implementation of the principles of justice and humanism both in the implementation of law-making activities and in the process of law enforcement. Findings and Conclusions: when differentiating criminal liability, along with other principles of criminal law, the principle of morality must be observed. On the one hand, the construction of criminal sanctions should be carried out taking into account the moral assessment of the restriction of individual rights and freedoms. On the other hand, implementing the principle of morality in the differentiation of criminal responsibility, it is necessary to ensure the rights and legitimate interests of the victim. The principle of morality must also be taken into account when individualizing criminal responsibility.