RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of October, 2009 No. 20

About some questions of court practice of appointment and execution of criminal penalty

The procedure for purpose of criminal penalties established by the law is the important sales warranty of the principles of legality, justice and humanity. Concerning the measures which are not connected with imprisonment (The Tokyo rules accepted on December 14, 1990), need of discussion by court in case of the resolution of sentence of question of application of the punishment which is not connected with imprisonment in cases when the sanction of Article of the Special part of the Criminal Code of the Russian Federation according to which person is found guilty along with imprisonment prescribes softer types punishments is set by the general beginnings of assignment of punishment, United Nations standard minimum rules provided by the Criminal Code of the Russian Federation the Minimum standard rules of the UN concerning administration of law concerning minors (The Beijing rules accepted on November 29, 1985) or there is possibility of application of enforcement powers of educational nature based on the law.

The studying of court practice which is carried out in the Supreme Court of the Russian Federation showed that courts generally correctly apply rules of assignment of punishment, imprisonment for crimes of small and average weight is appointed when courts come to conclusion about impossibility of determination of other type of punishment, and these decisions are based in sentence.

At the same time some courts do not fully fulfill requirements of the penal statute about punishment individualization, the mistakes connected with abuse of regulations of purpose of its separate types and the appeal of sentences to execution are made.

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