Appointing a more lenient punishment than provided for a given crime as a means of individualization of punishment

The article analyzes the problems of the theory and rules of application of Article 64 of the Criminal Code of the Russian Federation. The author draws attention to the legal uncertainty of the rules laid down by the legislator for assigning a more lenient punishment than provided for by the sanction of the article. Attention is drawn to the inconsistency of these rules with the principles of justice and equality, as well as with other rules for assigning punishment, which also provide for a reduction in punishment and its individuality. The term of unacceptability of the existing design of the rules contained in Article 64 of the Criminal Code of the Russian Federation is proved.