employee
Volgograd, Russian Federation
UDC 343.235.1
The article: deals with certain aspects of the implementation of special rules to impose punishment, while recurrence (repetition) of crimes takes place; specifies the logical bases to fix such principles in the criminal law; determines the connection of the latter with the provisions of Art. 63 of the Criminal Code of the Russian Federation; emphasizes that application of the rules of Art. 68 of the Criminal Code of the Russian Federation is one of the forms to consider recurrence (repetition) of crimes as an aggravating factor (circumstance) and therefore cannot take place in the situations specified in Part 2 of Art. 63 and Part 4 of Art. 65 of the Criminal Code of the Russian Federation; identifies the cases, where considering the mentioned aggravating factor (cir-cumstance) should be carried out independently from the implementation of the corresponding special rules; describes the reasons due to which the provisions of Part 2 of Art. 68 of the Criminal Code of the Russian Federation do not have the necessary universality; in particular, makes proposals to optimize the text of Art. 68, aimed at severe effect from the application of the analyzed rules; in addition, as an alternative solution to the identified practical problems, formulates recommendations to correct the defects of the criminal law through official judicial interpretation.
recurrence (repetition) of crimes, recidivism, intensifying the punishment, aggravating factors (circumstances), special rules
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