Bases of purpose more mild punishment at pre-judicial cooperation agreement (cooperation agreement) in criminal legislations of the Russian Federation and the Republic of Kazakhstan

Бесплатный доступ

Introduction: in the criminal law of the Russian Federation, the rules on sentencing in pre-trial cooperation agreements are contained in parts 2 and 4 of the art. 62 of the Criminal Code. In the criminal law of the Republic of Kazakhstan, the imposition of punishment when fulfilling the conditions of a procedural agreement is regulated by part 3 of the art. 55 of the Criminal Code of the Republic of Kazakhstan. For the correct application of these standards, as well as identifying problems of a legislative and enforcement nature, proposing ways to solve them, it is important to consider the grounds for mitigation (imposing a milder sentence). Materials and methods: the criminal law of the Russian Federation and the Republic of Kazakhstan, which regulates the imposition of punishment in the pre-trial agreement on cooperation (procedural agreement), forms the normative basis of the study. The methodological basis of the study was the general dialectical method of scientific knowledge, as well as the methods of logical deduction, induction, cognitive methods and techniques of comparison, analysis, generalization and description...

Еще

Pre-trial agreement on cooperation, agreement on cooperation, forms of procedural agreement, sentencing, grounds for mitigating punishment, imposing a milder sentence

Короткий адрес: https://sciup.org/143171807

IDR: 143171807   |   DOI: 10.24411/2312-3184-2020-10011

Статья научная