Issues of the implementation of the principles of justice and humanism in the sentencing of persons with disabilities.

Abstract

The subject of the study is the problems of implementing the principles of justice and humanism in sentencing persons with disabilities. Analysis of the norms of the current criminal legislation has shown that, on the one hand, the restrictions formulated by the legislator regarding the list of punishments for the disabled of the first and second groups is a manifestation of the principle of humanism, and on the other hand, compel the court to impose affordable (sometimes more severe) types of punishment. As a result, situations arise in which it is possible to talk about the discrimination of persons with disabilities. Accordingly, the principles of justice and humanism addressed to law enforcement bodies (Articles 6, 7, Part 4 of Article 49, Part 5 of Article 50, Part 7 of Article 53.1, 60 of the Criminal Code of the Russian Federation) are not always possible to implement, since there are no effective mechanisms to ensure their implementation in relation to persons with disabilities. The existing system of criminal penalties also, in our opinion, does not allow us to take into account these principles in relation to the category of persons under consideration. The article concludes that in cases where it is not possible for the court, due to the restrictions prescribed in the law, to ensure the implementation of the principles of justice and humanism by imposing punishment, then the presence of the guilty person's invalidity may be the basis for exemption from serving a sentence. This conclusion is based on the fact that the principles of justice and humanism can be ensured not only by establishing fair sanctions and rational rules for sentencing, but also by fixing in law reasonable grounds for exemption from criminal liability and punishment.