The influence of the appointed punishment on correction of the convict and the living conditions of his family as the general criterion of individualization of punishment

Purpose: To examine the application in judicial practice, the two General criteria of individualization of punishment: 1) the influence of the appointed punishment on correction of the convict; 2) the influence of the appointed punishment on the living conditions of the family of the convicted person; Methodology: The study used a dialectical, sociological and legal-technical methods. Results: The article substantiates the need to exclude from the law the instructions on the account influence of the appointed punishment on correction condemned as unacceptable the selection achieving one of the purposes of punishment as requirements, which should meet the punishment, as it violates the principle of fairness and may lead to double counting of the same factors. Also the instructions on this criterion are absent in the judicial practice. In imposing sentence, the court must minimize the deterioration of the situation of family members of the perpetrator in connection with the assigned penalty, the court must strive to maintain positive social relationships the perpetrator. However, the absence of family support, nonparticipation in the upbringing of children, immoral behavior the family can influence the increase of punishment through the tested criterion, because in this case, in connection with sentencing, the family is not deteriorating; Novelty/originality/value: The novelty of the research lies in the fact that this is the first article that combines theoretical views on the subject, the position of judicial practice and the data of sociological research, which provided valuable conclusions that can become the reference point for legal practitioners.