Ensuring Legality, Reasonableness and Fairness of Criminal Punishment through Criminal Law Sanctions

Ruslan Zakomoldin, Vladimir Duyunov, Inna Podroykina

2021

Abstract

The article is devoted to the analysis of the correlation between criminal law sanctions and criminal punishment. It is noted that the criminal law impact is expressed, among other things as a special activity of the state in the punishability of criminal behavior. At the same time, punishability has two forms of expression - dispositive form (foreseeing behavior as a crime in the criminal law) and sanctions (establishing a threatening punishment). Sanctions express a qualitative and quantitative assessment of prohibited acts and determine the measure of the state's reaction to their commitment. It is concluded that sanctions are an integral element of the criminal punishment system and contribute to the achievement of both its goals and the conditions that are necessary for it and its inherent properties and qualities. In particular, these minimum requirements are legality, reasonableness, and fairness. At the same time, it is noted that the sanctions themselves must also comply with these characteristics. Thus, it is stated that the establishment of criminal law sanctions and the appointment and application of criminal punishment are closely interrelated and interdependent and provide an effective criminal law impact in the aggregate.

Paper Citation

in Harvard Style

Zakomoldin R., Duyunov V. and Podroykina I. (2021). Ensuring Legality, Reasonableness and Fairness of Criminal Punishment through Criminal Law Sanctions. In Proceedings of the 1st International Scientific Forum on Jurisprudence - Volume 1: WFLAW, ISBN 978-989-758-598-2, pages 50-53. DOI: 10.5220/0010661700003224

in Bibtex Style

@conference{wflaw21,
author={Ruslan Zakomoldin and Vladimir Duyunov and Inna Podroykina},
title={Ensuring Legality, Reasonableness and Fairness of Criminal Punishment through Criminal Law Sanctions},
booktitle={Proceedings of the 1st International Scientific Forum on Jurisprudence - Volume 1: WFLAW,},
year={2021},
pages={50-53},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0010661700003224},
isbn={978-989-758-598-2},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 1st International Scientific Forum on Jurisprudence - Volume 1: WFLAW,
TI - Ensuring Legality, Reasonableness and Fairness of Criminal Punishment through Criminal Law Sanctions
SN - 978-989-758-598-2
AU - Zakomoldin R.
AU - Duyunov V.
AU - Podroykina I.
PY - 2021
SP - 50
EP - 53
DO - 10.5220/0010661700003224