Consideration of mitigating circumstances specified in part 1 of article 61 of the Criminal Code of the Russian Federation when imposing a sentence

The author considers the problem of attaching by the courts equal importance to mitigating circumstances, which are indicated and not indicated in the criminal law. It is noted that the typical mitigating circumstances specified in the law should have more weight in imposing punishment than other mitigating circumstances, since their presence in any case implies a reduction in the social danger of the crime or the person who committed it. The solution of this problem is proposed by amending Art. 15, 64 and 73 of the Criminal Code of the Russian Federation in such a way that one of the conditions for their application is the presence of mitigating circumstances under Part 1 of Art. 61 of the Criminal Code of the Russian Federation.