Criminal-legal significance of aggravating circumstances in the conclusion of a pre-trial cooperation agreement

The article considers the issues of the need to apply the condition contained in the special rule of sentencing provided for in Part 2 of Article 62 of the Criminal Code of the Russian Federation, which indicates the absence of aggravating circumstances when determining the amount of punishment. The author analyzes the Russian judicial practice and describes the approaches used by courts when imposing punishment in the case of a concluded pre-trial cooperation agreement, the fulfillment of its conditions and obligations by the person who committed the crime, and aggravating circumstances in a criminal case. Attention is drawn to the existing contradiction of the criminal and criminal procedure legislation in the issue of the study of aggravating circumstances in the imposition of punishment. The importance of applying the requirements of the general principles of sentencing when using special rules provided for in Part 2 of Article 62 of the Criminal Code of the Russian Federation is justified. The article presents the points of view of scientists who analyzed controversial issues that arise when courts apply a special rule for assigning penalties in case of fulfillment of the conditions and obligations of the concluded pre-trial cooperation agreement. The conducted research allowed the author to conclude that it is advisable to exclude the provision indicating the absence of aggravating circumstances from Part 2 of Article 62 of the Criminal Code of the Russian Federation, which will further ensure greater efficiency in achieving the goals of introducing this institution into effect.