Keyword: «general principles of sentencing»

The presented article is devoted to a comprehensive study of the actual theoretical and practical problems of implementing the general principles of sentencing, enshrined in Article 60 of the Criminal Code of the Russian Federation. In the context of modern criminal policy, the principle of individualization of punishment acquires special importance. The author conducts a deep analysis of the gap between the doctrinal understanding of the individualization of criminal responsibility and real law enforcement. Special attention is paid to the problem of the formalistic (template) approach of courts to assessing the identity of the culprit and mitigating circumstances. Based on the latest Review of the Practice of the Supreme Court of the Russian Federation (approved on December 18, 2024) and cassation practice, the systemic causes of unmotivated sentences are identified. The necessity of reforming criminal legislation and the introduction of elements of digital analytics to overcome conflicts of law enforcement is substantiated.