Sentencing Members of Criminal Associations, Agreed by the Parties to the Agreement
Abstract
The purpose of the article is to research of the problems of imposing punishment to the members of criminal organizations, gangs, terrorist associations and non-law-based paramilitary or armed formations, agreed by the parties to the agreement, and development of the ways and directions of their solution. The research is based on scientific works of P. Andrushko, V. Burdin, M. Vasyuk, A. Dudorov, A. Makarenko, S. Mishchenko, R. Novik, J. Ponomarenko, V. Tiutyugin, M. Khavronyuk, the Criminal Code and the Criminal procedural Code of Ukraine, the Law of Ukraine «Amendments to the Criminal Procedural Code of Ukraine on Improving the Mechanisms for Ensuring the Purposes of Criminal Proceedings» March 16, 2017 and materials of judicial practice. The main idea of the article is proposed to introduce a differentiated approach to the appointment of an agreed penalty to the participants of criminal associations, stipulated by Art. 255, 257, 2583, 260 of the Criminal Code of Ukraine, with which an agreement on recognition of guilt is concluded, depending on the circumstances that mitigate and impose a punishment, the guilty person and the results of her positive after criminal behavior. According to the article, mixed practice the appointment of an agreed penalty members of criminal organizations when concluding an agreement on recognition of guilt has been identified. Proposals for detailed rules of punishment in such cases have been developed, it is proposed to assign these provisions to the special principles of the imposition of a punishment. First of all, it is proposed to consolidate the rules for the imposition of a punishment in the presence and absence of circumstances that mitigate or impose a punishment, their combination within the limits of the appointment of a punishment to a member of a criminal association. In the future, considering such rules, depending on the positive results after the criminal behavior It is proposed to allow the court to impose penalties within the minimum limits of the sanction of the article (part of the article) of the Special Part of the Criminal Code of Ukraine, more lenient punishment than prescribed by law or release him from serving a sentence with a trial.
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