BALANCE OF INTERESTS IN SENTENCING

Abstract

The article discusses the principles of sentencing from the point of view of ensuring a balance of interests: public and private. The research methodology includes the use of such methods as axiological, logical, which can significantly expand the subject of research. However, due to the specifics of the study, the methods of system-structural and functional analysis are used as the main ones. An analysis of the concept of sentencing, the principles of sentencing is given. According to the authors, the imposition of punishment is a purposeful consistent activity of the court to determine a specific measure of punishment, in accordance with the rules established in the criminal law, ensuring a balance of public and private interests. The issue of the relationship between the principles of sentencing and the general principles of sentencing is discussed. The authors believe that the principle of justice in sentencing is one of the priorities. The public interest is reflected in the principle of justice, since the process of sentencing is directly related to the solution of the question of whether the punishment is appropriate for the crime committed. This requires taking into account the identity of the perpetrator, which reflects his private interest. It is in this, according to the authors, that the balance of public and private interests is seen in sentencing a person found guilty of a crime.