Keyword: «sentencing»

The article discusses the problems of the criminal law institution of conditional sentencing. It examines the issues of incorrect appointment and execution of conditional punishment. It is proposed to reduce the period of imprisonment up to which conditional sentencing can be imposed from eight to five years, and to limit the possibility of assigning conditional sentencing to individuals who have previously had their conditional sentencing revoked on non-rehabilitating grounds. In order to improve the implementation of conditional sentencing, it is proposed to provide probation support for conditional convicts in addition to the supervision of the penal inspection.

The article provides a comprehensive theoretical and applied analysis of the criminal law structure of harm to health, its classification and factors of sentencing for crimes against health. Regulatory legal acts regulating the procedure for determining the severity of harm caused to human health are being investigated, including on the basis of a new Procedure approved by Order No. 172n of the Ministry of Health of the Russian Federation dated 04/08/2025. The article analyzes the system of articles in Chapter 16 of the Criminal Code of the Russian Federation, which provide for liability for harm to health of varying severity, as well as the general principles of sentencing established in art. 60 of the Criminal Code. Special attention is paid to medical and legal criteria for distinguishing serious, moderate and minor harm to health, as well as circumstances mitigating and aggravating punishment, affecting the individualization of criminal responsibility. Based on the analysis of judicial practice and doctrinal sources, conclusions are drawn about the need for further improvement of criminal legislation in terms of taking into account modern medical classifications and ensuring fair differentiation of responsibility.