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

of December 22, 2015 No. 58

About practice of appointment of criminal penalty as courts of the Russian Federation

(as amended on 18-12-2018)

Due to the questions arising at courts in case of criminal sentencing and the changes made to the Criminal Code of the Russian Federation and the Code of penal procedure of the Russian Federation for the purpose of ensuring the correct and uniform application of the law Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make to courts the following explanations:

1. Draw the attention of courts to need of execution of requirements of the law on strictly individual approach to assignment of punishment, meaning that just punishment promotes the solution of the tasks and goal achievement specified in articles 2 and 43 of the Criminal Code of the Russian Federation (further - the Criminal Code of the Russian Federation).

According to article 6 Criminal Code of the Russian Federation justice of punishment consists in its compliance to nature and degree of public danger of crime, to circumstances of its making and the identity of the guilty person.

Nature of public danger of crime is determined by the penal statute and depends on the actus reus signs established by court. When accounting nature of public danger of crime courts should mean first of all act orientation on the social values protected by the penal statute and the harm done to them.

Degree of public danger of crime is established by court depending on specific circumstances of deeds, in particular from nature and the size of the come effects, method of crime execution, role of the defendant in the crime committed in partnership from intention type (direct or indirect) or imprudence (levity or negligence). The circumstances commuting or aggravating penalty (articles 61 and 63 Criminal Code of the Russian Federation) and relating to the committed crime (for example, crime execution owing to confluence of difficult vital circumstances or for motive of compassion, especially active role in crime execution), are also considered in case of determination of degree of public danger of crime.

The data characterizing the guilty person which the court in case of adjudgement has belong to the information about the personality which is subject to accounting in case of assignment of punishment. Data on marital and property status of person who committed crime, state of his health, behavior in life, availability at it dependent on minor children, other disabled persons can concern to those, in particular, (spouses, parents, other close relatives). Proceeding from provisions of part 6 of article 86 Criminal Code of the Russian Federation courts shall not consider as negatively characterizing the identity of the defendant this, testimonial of availability at it the criminal records extinguished or removed in accordance with the established procedure.

Owing to requirements of Articles 307 and 308 of the Code of penal procedure of the Russian Federation (further - the Code of Criminal Procedure of the Russian Federation) in sentence should specify motives of the made decisions on all questions relating to criminal sentencing, release from it or its serving.

Penalty

2. According to article 46 Criminal Code of the Russian Federation the penalty in case of any method of its calculation shall be determined in the form of cash collection. In substantive provisions of sentence it is necessary to specify method of calculation of penalty and the amount of penalty in terms of money.

The size of penalty is determined by court taking into account weight of the committed crime, property status of the convict and his family, and also taking into account possibility of receipt by the convict of the salary or other income (part 3 of article 46 Criminal Code of the Russian Federation). For this purpose it is necessary to find out availability or lack of place of employment from the convict, the size of its salary or other income, employment opportunity, availability of property, dependents, etc.

Proceeding from provisions of part 2 of article 46 Criminal Code of the Russian Federation the minimum size of the fine which is ordered to pay for the committed crime in certain amount including using provisions of article 64 Criminal Code of the Russian Federation, cannot be lower than five thousand rubles, and in case of its appointment in the amount of the salary or other income of the convict - for the period less than two weeks. It is necessary to carry the income to other income, taxable according to the current legislation.

3. The penalty size estimated proceeding from size to the multiple cost of subject or the amount of commercial bribery, bribery of the employee of contractual service, the contractual managing director, member of the commission on implementation of the purchases and other authorized persons representing the interests of the customer in the field of purchases of goods, works, services for ensuring the state or municipal needs, bribe or the amount illegally of the moved money and (or) the cost of monetary instruments cannot be less than twenty five thousand rubles even if the amount calculated taking into account multiple size is less than twenty five thousand rubles. In that case fine is ordered to pay in the amount of twenty five thousand rubles.

In case of appointment as primary punishment of the penalty estimated by the specified method in case of application of article 64 Criminal Code of the Russian Federation the frequency rate size provided by the relevant article of the Special part of the Criminal Code of the Russian Federation can be reduced (in that case the penalty size also cannot be less than twenty five thousand rubles). Change of method of calculation of penalty (for example, infliction of penalty in certain size without use of frequency rate) in that case is not allowed.

4. In case of infliction of penalty as primary punishment to the convict who was held in custody, the court having the right taking into account the term of detention or completely to exempt such person from serving of this punishment, or to mitigate it (part 5 of article 72 Criminal Code of the Russian Federation). In case of mitigation of punishment the size of penalty can be below the minimum limit set by the sanction of the relevant article of the Special part of the Criminal Code of the Russian Federation, but not below the minimum limit set by part 2 of article 46 Criminal Code of the Russian Federation for specific method of calculation of penalty.

5. Along with the fine which is ordered to pay as primary punishment appointment for the same crime of additional punishment in the form of deprivation of the right to hold certain positions or to be engaged in certain activities, and also deprivation of special, military or honorary title, the class rank and the state awards on condition of observance of rules of application of these types of the punishments established by part 3 of Article 47 and article 48 Criminal Code of the Russian Federation is allowed.

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